[Ord. No. 2009-12 §5.0101, 11-3-2009]
A. 
It shall be unlawful for any person to engage in any business, trade or profession in the City without first obtaining a license therefor. It is the intention of the City to exercise the fullest extent of its licensing power, and to require a license from any and all businesses, trades or professions that can be legally required to obtain a license. Each license shall be issued for one (1) calendar year. Each renewal license applicant shall apply for and pay for the required license by March first (1st) of each year. License expires the last day of February each year. Each new applicant who will have customer access into the building shall be required to obtain a safety inspection certificate from the City's Building Inspector before a license may be issued. Thereafter, an annual safety inspection will be made at the discretion of the City's Building Inspector.
B. 
Each new license applicant shall apply for, pay for, and receive the required license before doing any business within the City limits. All license's herein are non-transferable, and shall not be pro-rated on application for a partial year or upon cancellation.
[Ord. No. 2009-12 §5.0114, 11-3-2009]
Every person required to have a license shall submit an application to the City Clerk by a written statement upon forms provided by the City Clerk, which shall disclose all information which the City Clerk shall find to be reasonably necessary to the fair administration of this Chapter, and which shall be accompanied by a receipt from the City Collector for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter.
A. 
All applications for the licenses 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.
B. 
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[Ord. No. 2009-12 §5.0102, 11-3-2009]
It shall be unlawful for any person, either directly or indirectly, to conduct any business, or to use in connection therewith any vehicle, premises, machine or device for which a license or permit is required by this Chapter without the license or permit so required having been first obtained and thereafter kept in effect at all such times as required by this Chapter.
[Ord. No. 2009-12 §5.0110, 11-3-2009]
The cost of a license shall be thirty-eight dollars ($38.00) per license for a business that requires a building inspection. The cost of a license shall be twenty dollars ($20.00) for a business that does not require a building inspection.
[Ord. No. 2009-12 §5.0115, 11-3-2009]
Any applicant for the renewal of a license under this Chapter shall submit an application therefor to the City Clerk upon forms provided by such officer, which shall include such information which the City Clerk shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of the applicant's business during the preceding licensing period.
[Ord. No. 2009-12 §5.0119, 11-3-2009]
Every licensee under this Chapter shall post and maintain his/her license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have a licensed business premises shall carry his/her license on his/her person and shall display it to City Officers having authority to enforce this Chapter and to persons with whom he/she transacts business at their request.
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 whatever 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 for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Reeds Spring.
[Ord. No. 2009-12 §5.0103, 11-3-2009]
For each business required by this Chapter to be licensed, a separate license shall be obtained. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license which shall specify on its face all such businesses.
[Ord. No. 2009-12 §5.0105, 11-3-2009]
Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he/she is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.
[Ord. No. 2009-12 §5.0106, 11-3-2009]
The City Clerk shall make the initial determination whether any particular business, activity, occupation, vocation or service shall be covered within the provisions of this Chapter. Such determination shall be reasonably made, based upon the generally accepted concept of each such activity, occupation, vocation or service, and with regard for the intention of the legislature in the enactment of Section 94.270, RSMo., and other applicable Sections of the Revised Statutes of Missouri.
[Ord. No. 2009-12 §5.0108, 11-3-2009]
Except as may be provided otherwise by this Chapter, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.
[Ord. No. 2009-12 §5.0111, 11-3-2009]
The City Clerk shall be the City License Officer and shall issue in the name of the City all licenses and permits required by this Chapter to all qualified applicants therefor, when all required taxes and fees have been paid, in accordance with the provisions of this Chapter.
[Ord. No. 2009-12 §5.0112, 11-3-2009]
The City Clerk shall adopt and promulgate such rules and regulations as he/she may consider desirable for the administration of this Chapter. When approved by the Mayor, such rules and regulations shall be placed on file in the office of the City Clerk for inspection and use by the public, and the provisions thereof shall be enforced by him/her. The City Clerk shall determine the eligibility of any applicant for a license or a renewal, and notify any applicant of the acceptance or rejection of his/her application and, upon refusal, state in writing the reasons therefor, and deliver such notice to the applicant.
[Ord. No. 2009-12 §5.0116, 11-3-2009]
The City Clerk shall, upon disapproving any application, direct the City Collector to refund all money paid in advance; provided the applicant is not otherwise indebted to the City. When the issuance of license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not, while the action is pending, engage in the business for which the license was refused.
[Ord. No. 2009-12 §5.0117, 11-3-2009]
The City Clerk, and all other City Officers and officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence.
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; or
2. 
Violation of the terms and conditions upon which the license was issued; or
3. 
Failure of the licensee to pay any tax or obligation due to the City; or
4. 
Any misrepresentation or false statement in the application for a license required herein; or
5. 
Failure to display the license required herein.
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.
[Ord. No. 2009-12 §5.0123, 11-3-2009]
A. 
The City hereby adopts the provisions of the State of Missouri Statutes listed below:
1. 
Section 94.270, RSMo., Business 4th Class May Tax
2. 
Section 71.620, RSMo., Exemptions
3. 
Section 71.630, RSMo., Exemptions Farmer Market
4. 
Section 287.061, RSMo., Workers' Compensation Required
5. 
Section 144.083, RSMo., Business License "No Tax Due" form required
6. 
Section 71.288, RSMo., Outdoor Advertising Business License limits
to cover any situations not otherwise addressed herein. In the event there is a conflict between what is set in this City ordinance and what is permissible under the State Statutes, the State Statute shall prevail.
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.
[CC §5.0401]
For the purposes of this Article, the following terms, phrases, words and their normal derivations will have the meanings given herein:
GARAGE SALE
A sale of goods offered to the public conducted at a single-family, a dual-family, or a multi-family residential dwelling place.
GOODS
Any goods, wares, merchandise, articles or other personal property capable of being the object of a sale regulated hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
[CC §5.0403]
Any person proposing to conduct a garage sale must notify, in writing, the City Hall of the place where such sale is to be conducted, the dates of such sale, and the names, addresses and telephone numbers of the persons responsible for conducting such sale.
[CC §5.0405]
No person shall erect, place, post or mark any sign advertising a garage sale on any public property, including street signs and posts, and traffic signs and posts or on any public utility pole. Any sign erected, placed, posted or marked advertising such garage sale shall be placed no longer than two (2) days before the sale and shall be removed within forty-eight (48) hours after the sale is complete. The person responsible for conducting such garage sale shall be responsible for removing any such sign.
[CC §5.0406]
No personal property of any type belonging to anyone not living in the residence, or which the person living in such residence has not owned at least six (6) months, shall be brought upon the premises for the purpose of being sold in such garage sale, provided that the members of a neighborhood may jointly hold a garage sale at one (1) or more locations, provided each person is listed on the license therefor.
[CC §5.0407]
Any person violating any of the provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined a sum of not more than five hundred dollars ($500.00) and/or up to ninety (90) days in the County Jail. Each day during which any violation of this Chapter continues or exists shall be deemed to be a separate violation.