Cross Reference — As to authority to levy and collect license taxes, see §140.130 of this code.
[Ord. No. 6.502(A) §20, 6-3-1991; Ord. No. 2006-001 §§1 — 2, 1-3-2005; Ord. No. 18.126 §§1 — 2, 10-5-2015]
A. 
Except as otherwise set forth herein, or as may be exempt from acquiring a business license by virtue of State law, no person, firm, company or corporation of any type shall engage in business as a merchant in the City of California without first procuring and having a currently effective business license, paying the license fee prescribed in and complying in all respects with the provisions of this Article. When any person first engages in business in the City of California as a merchant or in any business noted above, he/she shall apply to the office of the City Clerk for a license and concurrently pay the license fee as provided in this Article. Thereafter, on or before the first day of the month in which said license is due for renewal, such person, firm or entity shall pay the license fee due (if any) for the license year to the office of the City Clerk.
B. 
The City Clerk shall establish an application to be completed by the prospective licensee; said application shall include, at a minimum, the following information:
1. 
The nature of the enterprise;
2. 
Each address at which business will be conducted;
3. 
Type of business ownership (individual, partnership, corporation, LLC);
4. 
Name of each owner, partner, or corporate officer;
5. 
Missouri State sales tax number and a copy of the sales tax license;
6. 
A requirement that the applicant be current on obligations due to the City of California, including taxes of any kind;
7. 
A requirement that the applicant provide general liability insurance and information as to the date on which the applicant's general liability insurance expires;
8. 
If the applicant is a contractor as defined under Missouri Workers' Compensation Statutes, a requirement that the applicant comply with Missouri Workers' Compensation law and provide that a copy of the certificate of proof of insurance be provided;
9. 
If the applicant is not in compliance with the requirements set forth above, or is unable to provide proof of such compliance, the license will not be issued or renewed;
10. 
A requirement that the applicant disclose whether it does or will discharge any wastewater into the City wastewater system, other than from restrooms;
11. 
A statement that if the applicant business is located within the corporate limits of the City of California, Missouri, that no license shall be issued until all relevant real estate and personal property taxes relating to the business have been paid in full.
C. 
No business license shall be issued by the City Clerk unless the information requested and required as stated above is provided to the City Clerk.
D. 
Businesses owned and operated by someone under the age of eighteen (18) years are exempt from these requirements.
E. 
Festivals, fundraisers and like events sponsored by (and advertised as an activity substantially benefitting) a not-for-profit 501c3, a school, or community-wide fundraiser or benefit will be exempt from these requirements to obtain a business license.
F. 
A for-profit organizer of a festival or trade show shall obtain an event license for the event, which event license shall cost twenty-five dollars ($25.00) per one event, unless otherwise exempt. The organizer shall be responsible for and pay a business license fee of five dollars ($5.00) for each individual vendor at such event (unless that vendor already has a business license with the City of California, in which case no additional license would be required for that vendor). The organizer (for profit) is required to have a general liability insurance policy in effect providing liability coverage for the event. The organizer will be responsible for and pay the vendor fees due to the City within forty-eight (48) hours (business hours) after commencement of the event. The organizer will notify the City Clerk of the pending event upon advertisement or announcement of the event or within twenty-one (21) days of the event, whichever first occurs.
G. 
Craft vendors will be required to meet the requirements of this Section in the event the vendor participates in, organizes, or sells at three non-exempt events in a calendar year, effective with the third event.
H. 
Individual stall or floor vendors in an enclosed antique mall are not required to meet the requirements of this Section; the operator of the enclosed antique mall must meet the requirements of this Section.
[Ord. No. 605.031 §§1 — 3, 1-5-2009]
A. 
The City shall require any business where goods are sold at retail, prior to issuance of or renewal of any City occupation license required for conducting business, to provide a statement from the Missouri Department of Revenue showing the applicant has no tax due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo.
B. 
The City, through its duly authorized employee(s), may receive and/or perform the inspection or audit of the records of the State of Missouri pertaining to the requirement that all merchants (engaged in the sale of goods at retail) be current in the payment of sales and use tax before obtaining or renewing a business license. The authorized employee shall comply with Sections 144.121, 114.122 and 32.057, RSMo., relating to the strict confidentiality of all records of the Missouri Department of Revenue. Misuse of information obtained by the employee, or access of the records for any proper purpose, shall be grounds for disciplinary action including termination.
C. 
The Mayor is hereby authorized and directed to execute any document required by the Missouri Department of Revenue relating to the City's request for information of local license issuance and renewal and no tax due information. Further, the Mayor and Board are authorized to designate an individual (or individuals) to receive or request the information from the Missouri Department of Revenue.
[Ord. No. 6.502 §§1 — 2(19), 6-5-1967; Ord. No. 16.102 §1, 4-6-1981; Ord. No. 4.111 §1, 11-3-2008; Ord. No. 18.126 §§1, 3, 10-5-2015]
There shall be levied and collected upon every license issued under the provisions of this Article, and before the same shall be delivered, a license fee as follows:
Type of Business
Fee
Upon all businesses and occupations for which the power to regulate, license, and to levy and collect a license tax is authorized under Section 94.270, RSMo., and which is not otherwise specifically set forth herein
$25.00 per year
Agents
$25.00 per year
Antique mall (operator)
$25.00 per year
Architects
(maintaining an office in the City)
$25.00 per year
Auctioneers
(maintaining an office in the City)
$25.00 per year
Auto agencies and dealers
$25.00 per year
Public garages
$25.00 per year
Auto repair shop
$25.00 per year
Combination of above 3
$25.00 per year
Banks
$25.00 per year
Billiard tables
$25.00 per year
Bill posters
$25.00 per year
Boxing and sparring exhibitions
$25.00 per event
Bowling alleys
$25.00 per year
Car wash
$25.00 per year
Circus
$25.00 per day
Circus parade
$25.00 per event
Cleaners
$25.00 per year
Concerts
$25.00 per day
Construction
$25.00 per year
Day care provider (non-family)
$25.00 per year
Drays
$25.00 per year
Electricians
$25.00 per year
Engineer
(maintaining an office in the City)
$25.00 per year
Equestrian performance
$25.00 per event
Excavation
$25.00 per year
Fortune-tellers
$25.00 per year
Funeral and mortuary services
$25.00 per year
Gas companies
$25.00 per year
Heating, cooling HVAC company
$25.00 per year
Hotels
$25.00 per year
Insurance companies
$25.00 per year
Insurance agents or broker
(maintaining an office in the City)
$25.00 per year
Insurance agent, real estate dealer or broker or loan agent or combination of same
(maintaining an office in the City)
$25.00 per year
Landscape
$25.00 per year
Laundries
$25.00 per year
Liquor*
$25.00 per year
*Reference is to the business license for the liquor sales only. Liquor licenses are addressed separately in the code.
Loan companies or loan agents
$25.00 per year
Manufacturers
$25.00 per year
Menageries
$25.00 per day
Mercantile agents
$25.00 per year
Merchants
$25.00 per year
Oil dealers
$25.00 per year
Omnibus
$25.00 per year
Open houses and moving picture shows
$25.00 per year
Parades and exhibitions
$25.00 per event
Peddlers
$25.00 per year
Photographers
$25.00 per year
Pistol galleries
$25.00 per year
Plumbers
$25.00 per year
Pool tables
$25.00 per year
Public buildings
$25.00 per year
Public halls
$25.00 per year
Real estate agent
(maintaining an office in the City)
$25.00 per year
Shows and amusements
$25.00 per event
Telecommunications business license fee
See Section 605.130 of this Chapter
Ten pin alleys
$25.00 per year
Termite and pest control
$25.00 per year
Traveling and auction stores
$25.00 per event
Transfer and all other vehicles
$25.00 per year
Tree surgeon, trimming
$25.00 per year
Home-based businesses
$25.00 per year
Veterinarian
(maintaining an office in the City)
$25.00 per year
[1]
Cross Reference — As to alcoholic beverages license fees, see ch. 600.
[Ord. No. 6.502(A) §21, 6-3-1991; Ord. No. 18.126 §§1, 4, 10-5-2015]
Every person conducting any business, industry or enterprise for which no license is specified in this Article and any other provisions of this Article or in any other ordinance of the City which the City has authorized to tax under the Statutes of the State of Missouri shall procure a license from the office of the City Clerk and pay a license fee of twenty-five dollars ($25.00) per year for the same.
[Ord. No. 6.502(A) §22, 6-3-1991; Ord. No. 18.126 §§1, 5, 10-5-2015]
A separate license shall be obtained for each place (location) of business conducted, operated, maintained or carried on by every person engaged in any business for which a license is required by this Article. The office of the City Clerk of the City of California shall be notified of any change of address of such place of business within one (1) week of any such change. Nothing contained in this Section shall be deemed to require the holder of a business license to obtain another license for the purpose of being an exhibitor at a trade show within the City limits of California, Missouri. A business location which hosts business ventures which meet distinct definitions but which are related in service and which are all owned and operated by the same person or persons shall not be required to obtain a separate license for each part of the united operation.
[Ord. No. 6.502(A) §23, 6-3-1991; Ord. No. 18.126 §§1, 6, 10-5-2015]
The office of the City Clerk of the City of California shall notify the holder of any license issued under this Article of the date of expiration of such license by giving notice thereof in person or by mail thirty (30) days after the date of expiration of the license; provided, that the failure of the City Clerk of the City of California to so notify such holder of a license shall not excuse any licensee for failure to make a timely renewal of such license. The City Clerk of the City of California may defer the issuance of a license to a merchant or business and refer the application therefor to the Chief of Police for investigation if he/she believes that issuance of the license would violate this Article or any of the other ordinances of the City of California, and the City Clerk shall not issue a license if the issuance thereof would constitute a violation. No license required under the provisions of this Article shall be issued by the City Clerk to any person until all personal taxes, merchant's or manufacturer's ad valorem taxes, licenses or permit fees due and unpaid and all penalties thereon and any other financial obligations due from the person to the City of California have been paid. The applicant must include the sales tax license number issued by the State of Missouri and a tax clearance letter from the Department of Revenue of the State of Missouri as evidence that the debts have been satisfied. All licenses shall be due and shall renew annually hereafter or the first day of July of each year. For those licenses due subsequent to the adoption of this Section, and prior to July 1, 2016, the City Clerk shall adjust the license due by assessment of the annual fee on a prorated basis for the additional time covered up to the day of July 1, 2016.
[Ord. No. 6.502(A) §24, 6-3-1991; Ord. No. 18.126 §§1, 7, 10-5-2015]
All licenses required to be paid by this Article shall be deemed delinquent if not paid on the date such payment is due, and all persons so delinquent in the payment of such license shall be required to pay an additional ten percent (10%) of the amount due therefor for the first month, or part thereof, and five percent (5%) for each additional month, or part thereof, as such delinquency shall thereof continue, in addition to any other penalty prescribed by this Article or by any other ordinance of the City of California.
[Ord. No. 6.502(A) §25, 6-3-1991; Ord. No. 18.126 §§1, 8, 10-5-2015]
Any license issued to any person who has made a statement showing an incorrect or inaccurate description of the nature of his/her business or who has made a false statement as to any other condition or factor upon which a license should be based or who is licensed under any of the provisions of this Article and is convicted of a misdemeanor for violating any of the provisions of such Sections or any other provisions of this Code or other ordinances of the City relating to the conduct or operations of such business has failed to pay any tax of any kind due the State of Missouri or the City of California. A new license shall not be issued to any person whose license has been revoked within a period of one (1) year from the date of revocation of such license.
[Ord. No. 6.502(A) §26, 6-3-1991; Ord. No. 18.126 §§1, 9, 10-5-2015]
The Clerk of the City of California shall keep a complete and perfect record of all licenses issued under the provisions of this Article, showing the type of license, the date of its issuance and expiration, and to whom issued.
[Ord. No. 18.126 §1, 10, 10-5-2015]
A. 
Any person, firm or corporation or entity of any legal status, nature, type or description who shall violate any provisions 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 California, without first paying the tax herein levied, and obtaining a license therefor, shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished as set out in Section 100.040 of this Code.
B. 
Further, when a license has not been issued, or the issuance of a license has been denied, or a license has not been timely renewed although thirty (30) days past due for renewal, the applicant or business owner shall not engage in the business for which the license was refused, has not been issued or has not been renewed for at least thirty (30) days past the due date, unless a license is issued to him or her pursuant to an order or judgment from a court of competent jurisdiction, directing that the license be issued. Unlawful commencement or continuation of any business operations in violation of Chapter 605 of these ordinances, or any part thereof, shall be deemed an ordinance violation punishable under Section 100.040 of this Code. Each day of unlawful commencement, operation or continuation of any business operation in such violation shall be considered a separate offense.
[Ord. No. 6.502(A) §28, 6-3-1991; Ord. No. 18.126 §§1, 11, 10-5-2015]
Any person desiring to obtain a license to conduct a business as a mechanic, auto repair or auto sale business shall provide the City Clerk of the City of California with a sales tax number license issued by the State of Missouri for said business and a tax clearance letter issued by the Department of Revenue of the State of Missouri showing that the applicant is not indebted to the State of Missouri or the City of California for any taxes of any kind, and showing the City Clerk of the City of California that the applicant is in fact operating, with the intent to make a profit, a business of this nature. If the City Clerk of the City of California has reason to believe that the applicant is not truly engaged in a business of this nature, the applicant may defer the issuance of the license and refer the application therefor to the Chief of Police for investigation, to determine whether the issuance of the license is proper.
[Ord. No. 18.114 §§1 — 7, 7-6-1992]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
GARAGE SALE
Any public sale of goods, said sale commonly known or referred to as a garage sale, patio or porch sale, yard sale, attic sale, rummage sale or any other similar sale.
GOODS or MERCHANDISE
Any goods, wares, merchandise articles or other personal property, of whatever nature, sold or placed for sale.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
B. 
No person shall conduct, advertise, carry on or permit to be conducted more than two (2) garage sales upon the grounds or within any dwelling, including residences, within the City limits of the City of California within any calendar year.
C. 
No person shall conduct, carry on or permit a garage sale to last more than three (3) days.
D. 
No person shall conduct, permit or carry on a garage sale between 8:00 P.M. and 7:00 A.M.
E. 
No person shall erect, place, post or mark any sign on any public property which advertises a garage sale, said public property defined to include street signs and posts, traffic signs or posts, or on any public utility pole. Any sign wherever erected, placed, posted or marked advertising a garage sale shall be placed no longer than one (1) day before the sale and shall be removed on or before the last day of said sale. The person responsible for conducting such garage sale shall be responsible for removing any such sign.
F. 
No person shall display or permit to be displayed, on any public street or right-of-way, any goods offered for sale at a garage sale.
G. 
Penalty. Each violation of the terms of this Section shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day of continued operation of a garage sale in violation of this Section shall be deemed a separate violation.
[Ord. No. 18.112 §§1 — 4, 12-16-1985]
A. 
Definition. For the purpose of this Section, the following term shall have the following meaning:
TOXIC SUBSTANCES
Any chemical material or substance whose manufacture, processing, distribution in commerce, use or disposal may present an unreasonable risk of injury to health or the environment as determined by the United States Environmental Protection Agency or by the Missouri Department of Natural Resources. Polychlorinated biphenyls (PCB's) are included within this term.
B. 
It shall be unlawful for any person, firm or corporation to establish, maintain or operate within the City of California, Missouri, any business or place for the sole or principal purpose of collecting, storing, handling, decontaminating, processing or disposing of toxic substances without having first secured a permit therefor from the City of California, Missouri. No such permit shall be issued until the same shall have received an affirmative vote by a majority of the Board of Aldermen at a regular meeting or a special meeting called for said purpose. Any such permission granted by the Board of Aldermen shall expire one (1) year from the date of its issuance but may be renewed under the provisions of this Section for additional periods of one (1) year.
C. 
This Section shall not apply to the storage, handling, sale or transfer of motor fuels, including gasoline.
D. 
Any person, firm or corporation who shall establish, maintain or operate any such business or place regulated by this Section, without complying with the terms of this Section shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. Each day of failure to comply with the terms of this Section shall be deemed a separate and distinct offense. In addition to such penalties, the City may seek injunctive relief to enjoin those who violate the provisions of this Section.
[Ord. No. 4.111 §1, 11-3-2008]
Consistent with Section 67.1846, RSMo., the City establishes a business license fee of two and one-quarter percent (2.25%) of the local service revenues to the City, effective November 1, 2008, to be paid annually, in arrears and such payments shall be made by the thirty-first (31st) day of October each year of the period covered during the term of this Section. This payment shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period covered during the term of this Section. For purposes of this Section, "local service revenues" shall include all revenues received by grantee for the provision of basic local exchange telecommunications service, including those mandatory services which expand the basic local calling scope of the customer or subscriber, but shall not include charges for special services, long distance calls, access charges, or services not considered basic local exchange telecommunications service. The City further agrees that to the extent allowed by Missouri law, the grantee may pass through and collect this payment amount from its customers.