[Ord. No. 1249 §1, 4-19-2012[1]]
As used in any ordinance regulating business or requiring a
license for the operation of a business, the following terms shall
have the following meanings, except where the context clearly indicates
that a different meaning is intended and except where an ordinance
concerning a particular business contains a specific provision to
the contrary with the specific provision controlling:
Any person who applies for a license as required by any ordinance
of the City of Cottleville.
The City Clerk for the City of Cottleville.
The Municipal Code of the City of Cottleville, Missouri,
as amended from time to time.
Any person, other than a masseur or masseuse, who renders
any service to the licensee or customer and who receives compensation
or any consideration, and who has no physical contact with the licensee's
customers or clients.
Any person, business or other legal entity receiving a license
to operate a business, trade, profession, vocation or occupation as
mandated by the City Code.
An outdoor facility used by the public for passive and active
recreation in pursuit of physical fitness and a diversity of recreational
pursuits, including, but not limited to, swimming, playgrounds, pavilions,
shelters, tennis, handball, racquet ball, biking and walking trails,
basketball, jogging, baseball, soccer, skating, or golf. This shall
include country clubs and athletic clubs, but not facilities accessory
to a private residence used only by the owner and guests, nor arenas
or stadiums used primarily for spectators to watch athletic events.
When used in connection with motor vehicles, any person or
legal entity who holds legal title to a vehicle or one who has the
legal right to possession thereof; when applied to a structure, building
or land, includes any part owner, joint owner, tenant in common, joint
tenant or tenant by the entirety of the whole or part of such structure,
building or land.
Any individual, copartnership, firm, association, company,
corporation or combination of individuals, of whatever form or character.
Any individual licensed under the laws of this State with
the State Board of Registration for the Healing Arts in the State
of Missouri.
Includes every separate living unit occupied for residential
purposes by one (1) or more persons, contained within any type of
building or structure.
Something having a roof (includes a tent) or an area designated
as an open-air market by the Building Commissioner.
[1]
Editor's Note: Section 1 of this ordinance repealed former
Ch. 605, Business Regulations, as adopted and amended by Ord. No.
160 §§1 — 3, 6-3-1993; Ord. No. 296 §§1 —
4, 4-15-1997; Ord. No. 113 §1, 9-5-1991, Ord. No. 583 §2,
2-13-2003; Ord. No. 623 §§1 — 2, 12-11-2003; Ord.
No. 914 §1, 4-12-2007; Ord. No. 955 §4, 9-13-2007; Ord.
No. 1063 §2, 12-18-2008; Ord. No. 1247 §1, 3-15-2012.
[Ord. No. 1249 §1, 4-19-2012]
A.
No person shall engage in, prosecute or carry on any business, trade,
profession, vocation or occupation, either in whole or in part, by
maintaining an office or business location within the City of Cottleville,
Missouri, or by soliciting orders through such office or business
location, or by any other manner whatsoever, unless he/she shall have
first obtained a business license from the City of Cottleville, Missouri,
in the form on file in the City offices.
B.
Each such business license shall be in effect for one (1) calendar
year commencing on January 1 of each year.
C.
It shall be unlawful to engage in, prosecute or carry on any business,
trade, profession, vocation or occupation, either in whole or in part,
selling products or providing services for compensation by maintaining
an office or business location within the City of Cottleville, Missouri,
or by soliciting orders through such office, or by any other manner
whatsoever, for compensation as described herein without a business
license.
[Ord. No. 1249 §1, 4-19-2012]
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 whatsoever
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 of any description whatsoever for the privilege
of following or carrying on his/her profession unless that person
maintains a business office within the City of Cottleville.
[Ord. No. 1249 §1, 4-19-2012]
Whenever in this Code a license is required for the maintenance,
operation or conduct of any business, trade, profession, vocation
or occupation, or for doing business or engaging in any activity or
occupation, any person or corporation shall be subject to the requirement
if by himself or through an agent, employee or partner he/she holds
himself forth as being engaged in the business, trade, profession,
vocation or occupation; or solicits patronage therefor, actively or
passively; or performs or attempts to perform any part of such business,
trade, profession, vocation or occupation in the City.
[Ord. No. 1249 §1, 4-19-2012]
A.
Applications.
1.
Except as otherwise provided in this Title VI, applications
for all licenses and permits required by ordinance shall be made in
writing on forms provided by the City and submitted to the City Clerk.
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. The completed
application shall be submitted to the City Clerk's office along
with the appropriate fees. It shall be unlawful for any person to
supply false or fraudulent information on the application filed with
the City. An application shall be completed for each type of business
whether at the same or different locations, provided that the provisions
of the peddler, solicitors and canvassers business license shall prevail
for that type of license.
2.
All holders of licenses or permits shall be responsible for
reporting changes in initial application data immediately as the same
occur. The form of licenses shall be prescribed and furnished by the
City Clerk or his or her designee.
B.
Issuance. All licenses shall be granted and signed
by the City Clerk upon proof of compliance with the provisions of
this Chapter and upon proof of a certificate of insurance for workers'
compensation coverage if said applicant for license is required to
cover his or her liability under Chapter 287.061, RSMo., as amended.
C.
Denial. The City may refuse to grant or renew any
license for any of the following reasons:
1.
Failure to have or to provide proof of workers' compensation coverage as required under Subsection (B) of this Section.
2.
Providing fraudulent information regarding workers' compensation
coverage on an application for business license;
3.
The business or activity sought to be licensed would be conducted
in violation of any law of the United States or of the State or ordinance
of the City;
5.
Any other basis for revocation as set out in this Title VI.
D.
Except as otherwise provided herein, in the event of a denial, the
license fee shall be non-refundable.
E.
Liability. Nothing in this Section shall be construed
to create or constitute a liability to or a cause of action against
the City to the issuance of any license pursuant to this Section.
[Ord. No. 1249 §1, 4-19-2012; Ord. No. 1748, 1-16-2019]
A.
The purpose of this Section is to provide a document covering all
license fees, administrative fees and investigation fees or processing
fees connected with the issuance or renewal of licenses for any business
licensed by the City. The fees provided herein shall apply in place
of any earlier provision in any other ordinance. In the absence of
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 Director of Public Works. The fees and charges for businesses,
trades, professions, vocations or occupations not listed in this Chapter,
if any, shall be as stated in the specific ordinances or parts of
ordinances relating to those businesses, trades, professions, vocations
or occupations.
1.
Types Of Fees. The following are the types of fees that are
covered by this Section:
a.
A license fee paid by the operator of the business for the issuance
of the license.
b.
A non-refundable investigation fee, covering the cost of investigating
to determine whether the applicant is eligible for a license. The
type of fee shall be charged only in instances specified in this Chapter
or in any other applicable ordinance. This fee shall be in addition
to the license fee.
c.
A non-refundable processing fee, covering the cost of processing
an application. This type of fee shall be charged only in addition
to the license fee.
2.
Fees Established. Until otherwise provided by ordinance, the
following annual fees shall be charged for the businesses and operations
specified.
|
License Type
|
License Fee
|
|
Farmers' market — 1 to 25 farmers' market vendors
|
$25.00
|
|
Farmers' market — 25 to 50 farmers' market vendors
|
$50.00
|
|
Farmers' market — more than 50 farmers' market vendors
|
$100.00
|
|
Annual fireworks stand permit
|
$8,000.00
|
|
Annual general business (605.050)
|
$50.00
|
[Ord. No. 1249 §1, 4-19-2012]
The license fees are imposed for the privilege of carrying on
the business or doing the act named in the City for the year from
January 1 to December 31, inclusive, unless otherwise herein provided.
The fees shall be due and payable on or before the first day of December
of the year preceding the license year, unless otherwise herein provided.
With respect to a new business, the license fee thereon shall be due
and payable prior to the day such business is opened to the public,
unless otherwise herein provided. License fees issued (application
fees and other associated costs) during such one-year period shall
not be prorated.
[Ord. No. 1249 §1, 4-19-2012]
A.
Whenever inspections of the premises used for or in connection with
the operation of a licensed business, trade, profession, vocation
or occupation are provided for or required by ordinance, or are reasonably
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 the 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.
Whenever an 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 the municipality
whose business is governed by such provision to give to any authorized
officer or employee of the City requesting the same sufficient samples
of such material or commodity for such analysis upon request.
C.
In addition to any other penalty which may be provided, the City
Administrator may revoke the license of any license proprietor of
any licensed business in the City who refuses to permit any such officer
or employee who is authorized to make such inspection or take such
sample to make the inspection, or take an adequate sample of said
commodity, or who interferes with such officer or employee while in
the performance of his/her duty in 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.
[Ord. No. 1249 §1, 4-19-2012]
A.
Any license may be revoked by the City Clerk, or his or her designee,
at any time for conditions or considerations which, had they existed
at the time of issuance, would have been valid grounds for its denial;
for any misrepresentation of a material fact in the application discovered
after issuance of the license; or for violation of any provision of
this Title VI, a Statute of the State, or the license relating to
the business, occupation or activity for which such license was issued.
Such revocation shall become effective upon notice to such licensee.
Such notice shall specify the reasons for revocation and may provide
the conditions under which reinstatement of the license may be obtained.
Upon compliance with such conditions within the time specified, such
license may be restored.
B.
Except as provided in Subsection (C) hereof, no licenses shall be suspended or revoked until notice has been given to the licensee as hereinafter provided, until a reasonable time, not to exceed seven (7) days, has elapsed to enable the licensee to comply with the provisions of this Chapter and applicable State Statutes and until the licensee has been given an opportunity to appear at a hearing as provided in this Section. Such suspension or revocation of a license may be in addition to any fine imposed by this Chapter. No licensee whose license has been revoked, as provided in this Section, shall be eligible for a new license during the period for which the revoked license was originally issued.
C.
Notwithstanding any other provision of this Chapter to the contrary,
the City Clerk, or his or her designee, may suspend, for a period
not exceeding thirty (30) days, without prior warning, notice or hearing,
any license issued under this Chapter during the term of such license,
for the failure of any licensee to comply with any provision of this
Title VI, a Statute of the State or the license relating to the business,
occupation or activity for which such license was issued if, in the
judgment of the City Clerk, such failure constitutes a clear and present
danger to the public safety.
D.
A license holder whose license is suspended or revoked shall immediately
discontinue the business, occupation or activity for which the license
was issued. A separate offense shall be deemed committed each day
the license holder continues to do business after a license suspension
or revocation.
E.
A licensee whose license is suspended or revoked may, at any time, petition, in writing, the City Administrator for a hearing or make a written application to the City Administrator for reinspection for the purpose of reinstatement of the license. Any such hearing shall be held consistent with the procedures as set forth in Section 605.045 of this Code.
[Ord. No. 1249 §1, 4-19-2012]
A.
Appeal. Any license applicant, licensee or permittee
aggrieved by the decision of the City Clerk to deny, suspend or revoke
any license or permit pursuant to the provisions of this Chapter shall
have the right to appeal such action to the City Administrator.
1.
Application for appeal.
a.
Revocation or suspension. Within ten (10) days
of the affected licensee or permittee's receipt of the notice
of such suspension or revocation, such person may file a written request
for a hearing before the City Administrator contesting such suspension
or revocation. Such request shall state with specificity which part
of the order is contested, the basis for the contest, and the relief
sought.
b.
License denial. Within ten (10) days of the
denial of a business license, the person who was denied a license
may file a written request for hearing before the City Administrator
contesting the license denial.
2.
Hearing procedure. Where a hearing has been
requested pursuant to this Section, the City Administrator shall set
the matter for hearing within a reasonable time.
a.
Notice of hearing.
(1)
The City Administrator shall cause a copy of the
request for hearing and a notice of the date, time and place of the
hearing to be served upon the affected person.
(2)
The City Administrator shall serve a copy of the
affected person's request for hearing and a notice of the date,
time and place of the hearing upon the City Clerk.
b.
Evidence, witnesses.
(1)
Each party shall have the right to call and examine
witnesses, introduce exhibits, cross-examine opposing witnesses and
impeach any witness.
(2)
Oral evidence shall be taken only on oath or affirmation.
(3)
All evidence shall be suitably recorded and preserved.
(4)
The technical rules of evidence shall not apply,
except the City Administrator may exclude evidence which is irrelevant
or repetitious.
(5)
Each party shall be entitled to present oral arguments
or written briefs at or after the hearing.
B.
Final Order. After a hearing, the City Administrator
shall issue a final order based upon his/her findings of fact and
conclusions of law.
1.
The City Administrator shall have the authority to suspend or
revoke licenses; he/she may extend the time for compliance with an
order; or he/she may modify or rescind any recommendation or order.
2.
Upon revocation or suspension, no refund of any portion of the
license fee shall be paid to the licensee, and he/she shall immediately
cease all business at the licensed premises.
C.
Findings. The City Administrator shall make written
findings of fact and conclusions of law within ten (10) working days
of the hearing. Such findings shall be based upon competent and substantial
evidence found in the record as a whole. A copy of the City Administrator's
order, his/her findings of fact and conclusions of law shall be delivered
to the City Clerk and to the affected person.
D.
Right Of Appeal. Any person aggrieved by the decision
of the City Administrator shall have the right to appeal to the Circuit
Court pursuant to Chapter 536, RSMo.
E.
Collateral Actions To Enforce.
[Ord. No. 1249 §1, 4-19-2012]
Every person conducting any business, trade, profession, vocation or occupation which requires a business license pursuant to this Code and for which no special business license is available under the provisions of the Code shall procure a general business license. The annual general business license fee shall be as set forth in the fee schedule at Section 605.025.
[Ord. No. 1249 §1, 4-19-2012]
Licenses issued pursuant to any provision of this Chapter shall
not authorize any person to exercise or carry on the business, trade,
profession, vocation or occupation specified in the license in any
other place than that provided by the license.
[Ord. No. 1249 §1, 4-19-2012]
A separate license shall be issued and a separate license fee
paid (where applicable) for each place of business and every class
of business for which a license is required by ordinance.
[Ord. No. 1249 §1, 4-19-2012]
A.
License renewals shall be as follows:
1.
Anyone wishing to continue conducting his/her business, trade,
profession, vocation or occupation which requires a business license
pursuant to any provision of the City Code shall apply to the City
Clerk for license renewal thereof, on such application form as shall
be provided by the City Clerk, no later than December 1 of each year.
2.
An application for renewal shall contain the name, address and
license number of the licensee's operation, and the licensee
shall indicate any changes from the information furnished to the Commissioner
at the time of the original or previous application.
3.
An application for renewal shall be accompanied by the annual application fee and any necessary additional fees all of which shall be set forth on the fee schedule at Section 605.025.
4.
The City Clerk shall renew such license if he/she shall find
that such operation has been conducted in accordance with all applicable
laws and ordinances.
[Ord. No. 1249 §1, 4-19-2012; Ord. No. 1273 §2, 10-18-2012; Ord. No. 1290 §1, 1-17-2013]
A.
Any person, including any employer of any person, who fails to comply
with, or commits any violation of, any provision of this Chapter shall
be guilty of an ordinance violation, and shall be punishable, upon
conviction thereof, for an amount not to exceed five hundred dollars
($500.00). This fine shall be in addition to any other penalties prescribed
in this Code or ordinance of the City or the laws of the State; and
each day such failure to comply or such violation continues shall
be deemed a separate offense.
B.
In addition to the enforcement provisions contained elsewhere in
the City Code, any person carrying on or pursuing any business, trade,
profession, vocation or occupation which requires either a general
business license or a special business license without first having
obtained the appropriate license therefor shall be liable for the
following penalty:
1.
Initial licensing. If any person shall commence
business in the City without first having been licensed, and if the
license fee (where applicable) is not paid within thirty (30) days
after opening, a penalty of twenty-five dollars ($25.00) will be added
for each thirty-day period of operation without the appropriate license,
but in no event shall the amount of the penalty exceed one hundred
fifty dollars ($150.00), and the delinquent may be prosecuted.
2.
Renewal licensing. If any person shall continue
to operate a business, profession or occupation within the City without
first renewing the appropriate license as described in the City Code,
a penalty percentage of the fee shall be added as follows: twenty-five
dollars ($25.00) will be added for each thirty-day period of operation
without the appropriate license renewal, but in no event shall the
amount of the penalty exceed one hundred fifty dollars ($150.00),
and the delinquent may be prosecuted.
3.
Notwithstanding any other provision of this Section to the contrary,
if any person shall be delinquent in the payment of any license tax,
such person shall pay to the City such penalties and interest payments
as set forth in §71.625.2, RSMo., as amended.
[Ord. No. 1249 §1, 4-19-2012]
The City Clerk shall consult the Board of Aldermen when he/she
has reason to doubt the classification or the occupation of any person
applying to obtain a license, or the truth of the statements made
by such person; and the Board shall have full power to decide the
matter in a summary manner.
[Ord. No. 1249 §1, 4-19-2012]
A.
It shall be unlawful for any person to operate a business or manufacture,
engage in a trade, vocation, profession or occupation unless and until
all personal taxes, merchant taxes, manufacturer taxes, sales taxes,
special assessment taxes, other license fees, inspections fees, or
any other financial obligations that are delinquent and owing to the
City have been paid. No license provided for or required under this
Chapter, or any other ordinance of the City, shall be issued by any
department until compliance with this Section shall have been fulfilled.
B.
Nothing contained in this Chapter shall be construed to relieve any
person from the payment of the ad valorem tax on property. Any payment
of any particular imposed fee under this Chapter shall not relieve
the party paying such fee from liability for any tax specifically
imposed for any business he/she may carry on.
[Ord. No. 1249 §1, 4-19-2012]
Unless otherwise herein provided, business licenses issued pursuant
to this Chapter are non-transferable.
[Ord. No. 1249 §1, 4-19-2012]
A.
No business license as herein provided shall be issued to anyone
to carry on any business, trade, profession, vocation or occupation,
either in whole or in part, on a vacant lot or parking lot unless
the following requirements are met; provided that no business shall
be permitted to operate not to exceed four (4) times per calendar
year and seven (7) consecutive days or less; or not to exceed two
(2) times per calendar year and fourteen (14) consecutive days or
less, whether on the same or different vacant lots or parking lots,
and provided that a separate business license and occupancy permit
shall be required for each period of consecutive days:
1.
Occupancy permits from both the City and the appropriate Fire
Protection District ensuring adequate parking, adequate restroom facilities,
and any other requirements that the Building Department and Fire Protection
District may deem necessary. Parking is to be on site or on an adjacent
lot; if on an adjacent lot, written permission must be received from
that property owner; the parking area must be graveled or paved, including
ingress and egress. Upon determination by the City Traffic Engineer,
no-parking zones may be established on City or State rights-of-way;
2.
Written permission from the property owner for the use of his/her
property; and
3.
If restroom facilities are to be utilized off site, written
permission must be obtained from the owner of those facilities.
[Ord. No. 1249 §1, 4-19-2012]
All business licenses issued by the City shall be signed by
the City Clerk, City Collector and Mayor as required by Section 94.230,
RSMo.
[Ord. No. 1249 §1, 4-19-2012]
Lighted outdoor recreational facilities may conduct business
only between the hours of 5:30 A.M. and 12:00 Midnight.
[Ord. No. 1249 §1, 4-19-2012]
Nothing contained in this Chapter shall be construed to relieve
any person from the payment of sales tax which is administered by
the State Department of Revenue. Any person applying for an initial
or renewal business license shall possess a retail sales license and
a statement from the Department of Revenue that the applicant owes
no tax due in order to be issued a business license for the conduct
of any business where goods are sold at retail. All businesses are
to be current in the payment of all sales tax to the Director of Revenue
before renewing their business license. All delinquent taxpayers will
be required to present a statement of no tax due in order to renew
their business license. The statement of no tax due shall be dated
no longer than ninety (90) days before the date of submission for
application or renewal of the City license.
