[CC 1977 §54.010]
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 is required by this
Chapter, without the license so required having been first procured
and thereafter kept in effect at all such times as required by this
Code or other ordinance.
[CC 1977 §54.020]
A. For
each business required by this Chapter to be licensed, a separate
license shall be obtained.
B. 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.
[CC 1977 §54.030]
When any person engages in two (2) or more businesses at the same location, under one (1) license as authorized in Section
605.020 (B), he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
[CC 1977 §54.040]
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.
[CC 1977 §54.050]
A. A license
shall be required of every business, when the same be reasonably within
the intention of the legislature of this State in the enactment of
Section 94.270 of the Revised Statutes of Missouri, and other State
Statutes.
B. The
City Clerk shall make the initial determination whether any particular
business, activity, occupation, vocation or service shall be covered
within this requirement. Such determination by the City Clerk shall
be final and binding on persons affected thereby, unless and until
such determination is held unreasonable or invalid by a court of competent
jurisdiction.
[CC 1977 §54.060]
The local agents or other representatives of non-residents who
are doing business or engaging in non-profit enterprises in this City
shall be personally responsible for the compliance of their principals
and of the businesses and enterprises they represent with all applicable
provisions of this Chapter.
[CC 1977 §54.070]
Except as may be provided otherwise by this Code, 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.
[CC 1977 §54.080]
The City Clerk shall be the City Business License Officer and
shall issue in the name of the City all licenses 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.
[CC 1977 §54.090]
A. The
City Clerk, in issuing licenses required by this Chapter, shall:
1. 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;
2. Adopt all forms and prescribe the information to be given therein
as to character of applicant's business, and other relevant matter
for all necessary papers;
3. Require applicants to submit all affidavits and oaths necessary to
the administration of this Chapter;
4. Submit all applications, in each proper case, to interested City
Officials for their endorsements thereon as to compliance by the applicant
with all City ordinances which they have the duty of enforcing;
5. Investigate and determine the eligibility of any applicant for a
license or permit or renewal thereof, as prescribed in this Chapter;
6. Examine the books and records of any applicant or licensee when reasonably
necessary to the administration and enforcement of this Chapter; and
7. Notify any applicant of the acceptance or rejection of his/her application
and, upon refusal of any license or permit and at the applicant's
request, state in writing the reasons thereof and deliver them to
the applicant.
[CC 1977 §54.100]
Taxes and fees required by this Chapter to be paid by any person
shall be payable to the City Collector, who shall issue a proper receipt
to each person making any such payment.
[CC 1977 §54.110]
Every person required to have a license shall submit an application
to the City License Officer by a written statement upon forms provided
by the City License Officer, which shall disclose all information
which the City License Officer 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.
[CC 1977 §54.120; Ord. No. A-287 §1, 10-13-1997]
Any applicant for the renewal of a license under this Chapter
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 Chapter and information as to the conduct and operation of
his/her business during the preceding licensing period. All applications
for renewal of a license provided for herein shall be filed no later
than December first (1st) of each year.
[CC 1977 §54.130]
The City Clerk shall, upon disapproving any application, direct
the City Collector to refund all money paid in advance; provided,
the applicant is no otherwise indebted to the City. When the issuance
of a license is refused and any action or proceeding is brought by
the applicant to compel its issuance, such applicant shall not engage
in the business for which the license was refused.
[CC 1977 §54.140]
An appeal may be had from any decision of the City Clerk in
granting or denying a City business license. An application for appeal
shall be filed with the City Clerk within fourteen (14) days of a
decision adverse to the one requesting an appeal. The Board of Aldermen
shall hear the appeal within thirty (30) days of filing of the application
for an appeal hearing.
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. In the event any licensee
hereunder shall commence business on or after January first (1st),
the City Clerk shall issue such license at the rate of one-half (½)
of the license fee for such six (6) month period of January first
(1st) to June thirtieth (30th), or fraction thereof.
[CC 1977 §54.150]
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. Such information shall
not be subject to public inspection and shall be kept so that the
contents thereof shall not become known, except to the persons charged
with the administration of this Chapter; provided, that this Section
shall not prohibit any City Officer from testifying as to such information
in compliance with a subpoena issued under a court of competent jurisdiction
or from the Board of Aldermen in any proceeding before it.
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
license. If there is no place of business said license shall be carried
on the licensee's person.
The provisions of this Chapter shall under no circumstances
be construed to require a license or a license fee for any business,
occupation, pursuit or profession for which the City may be prohibited
by law from licensing or requiring a fee for said license.
[Ord. No. A-253 §§1 —
3, 10-11-1993]
A. No
license required under the provisions of this Section shall be issued
by the City Clerk to any person or entity until such person or entity
produces a copy of a certificate of insurance for Worker's Compensation
coverage if the applicant for the license is required to cover the
applicant's liability under Chapter 287 of the Revised Statutes of
Missouri. Any applicant who fails to comply with the provisions of
this Section shall be denied such a license until the applicant furnishes
such a certificate of insurance. It shall be unlawful for any applicant
to provide fraudulent information pursuant to this Section.
B. Nothing
in this Section shall be construed to create or constitute a liability
to or a cause of action against the City of Lockwood, Missouri, in
regard to the issuance or non-issuance of any license for failure
to provide evidence of Worker's Compensation coverage.
C. The
City Clerk is directed to modify the license application form to require
a statement and evidence of Worker's Compensation insurance.
[CC 1977 §54.170; Ord. No. A-290 §1, 11-10-1997; Ord. No. A-551, 3-16-2020]
It shall be unlawful for any person, company, association, or
corporation to exercise, carry on or engage in any of the following
occupations, professions, trades or businesses or agencies in the
City of Lockwood, without a license therefor from the said City and
the charge for such license shall be respectively as follows:
Appliance Store
|
$25.00
|
Auto Supply Store
|
$25.00
|
Bank
|
$50.00
|
Barber Shop
|
$10.00
|
Beauty Shop
|
$10.00
|
Blacksmith and Welding Shop
|
$10.00
|
Body Shop
|
$25.00
|
Cabinet Shop
|
$25.00
|
Car Agency--New and Used
|
$25.00
|
Circus, per day
|
$25.00
|
Cleaning and Pressing
|
$10.00
|
Cold Storage Plant
|
$25.00
|
Dance Hall, per day
|
$30.00
|
Distributing Bills per each distributor for each firm
represented on the bill
|
$10.00
|
Doctor or Dentist
|
$25.00
|
Dray
|
$10.00
|
Drug Store
|
$25.00
|
Dry Goods Store
|
$25.00
|
Elevator, grain
|
$25.00
|
Express Company
|
$10.00
|
Feed Mill
|
$25.00
|
Feed Store and Produce
|
$25.00
|
Filling Station
|
$25.00
|
Filling Station and Convenience Store
|
$30.00
|
Fire Stocks or Bankrupt Stocks
|
$25.00
|
Florist
|
$25.00
|
Fortune Teller, per day
|
$10.00
|
Funeral Home
|
$25.00
|
Garage
|
$25.00
|
General Merchandise Store
|
$25.00
|
Grocery Store
|
$25.00
|
Hardware and Furniture
|
$30.00
|
Hatchery
|
$25.00
|
Hotel
|
$10.00
|
Ice Cream Drive-In
|
$10.00
|
Implement Dealer
|
$25.00
|
Insurance Agent
|
$10.00
|
Jewelry Store
|
$25.00
|
Junk Dealer, per month
|
$10.00
|
Laundry
|
$10.00
|
Lime Company or Rock Plant
|
$25.00
|
Lumber Yard
|
$40.00
|
Manufacturing Co. and Wholesale Co.
|
$30.00
|
Meat Market
|
$25.00
|
Medical Marijuana Facilities. All Medical Marijuana Facilities
with a permanent business address within the City of Lockwood shall
pay the following fees:
|
|
Site review permit (Medical Marijuana related use)
|
$150.00
|
Medical Marijuana Cultivation Facility
|
$150.00
|
Medical Marijuana Dispensary Facility
|
$450.00
|
Medical Marijuana Infused Products Manufacturing
Facility
|
$150.00
|
Medical Marijuana Test Facility
|
$150.00
|
Merry-go-round and other rides
|
$10.00
|
Motel
|
$30.00
|
Moving Picture Show
|
$25.00
|
Newspaper and Commercial Printing
|
$30.00
|
Oil Co. or Gas Co. Bulk Plant
|
$25.00
|
Patient Medicine Dealer
|
$10.00
|
Peddlers
|
$25.00
|
Photographers
|
$25.00
|
Plumbing and Tinning
|
$25.00
|
Pool Hall
|
$25.00
|
Print Shop
|
$25.00
|
Radio and T.V. Shop
|
$10.00
|
Real Estate
|
$10.00
|
Repair Shop
|
$10.00
|
Restaurant
|
$25.00
|
Salvage Yard
|
$25.00
|
Second Hand Store
|
$10.00
|
Selling fruit, vegetables and melons
|
$25.00
|
Shoe Repair Shop
|
$10.00
|
Shooting Galleries
|
$10.00
|
Shows
|
$10.00
|
Skating Rink
|
$10.00
|
Tavern
|
$30.00
|
Taxi
|
$10.00
|
Telephone Co.
|
$50.00
|
Theater
|
$25.00
|
Variety Store or Novelties
|
$10.00
|
Wrestling or Boxing
|
$10.00
|
All stores, dealers, occupations, trades and businesses not
above enumerated
|
$25.00
|
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.
|
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.