Cross Reference — As to sale of fireworks, see §210.205.
[Ord. No. 389 §1, 6-3-2003]
A.
FULL-TIME EMPLOYEE
MERCHANT
For
the purpose of this Chapter, the following words and phrases shall
have the meanings respectively designated for them by this Section:
Any person or persons employed on an average of forty (40)
hours per week in excess of an average of six (6) months per license
year. The term "full-time employee" shall include
that number found by dividing by 2080 to total hours worked per license
year by all part-time employees. (The said 2080 being determined by
multiplying forty (40) hours by fifty-two (52) weeks.)
A business which provides sales and/or services to the public
and shall include all occupations, businesses, professions, vocations,
trades or pursuits or the keeping or maintaining of any institution,
establishment, article, utility or commodity for which Cities of like
classification as that of the City of Sparta are not precluded from
levying and collecting a license tax by the Statutes of the State
of Missouri.
B.
A company
which has both manufacturing for export away from Sparta and local
sales at or near the manufacturing facilities shall be taxed on a
proportionate amount of that regular tax provided herein as would
equal that portion of said business and employee personnel which participate
in local sales.
[Ord. No. 389 §1, 6-3-2003]
No person, firm or corporation shall engage in any occupation
or business described in this Chapter without obtaining a license
therefore. No person shall knowingly make any false statement of representations
in applying for a license or fail to comply with any provision of
this Chapter. No license shall be issued without proof of compliance
with Missouri Department of Revenue requirements.
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 Sparta.
[Ord. No. 389 §1, 6-3-2003]
All licenses shall be for one (1) year, beginning January first
(1st) and ending December thirty-first (31st) of the following year,
unless otherwise provided in this Chapter. New businesses or reinstated
businesses making timely application for a license after the beginning
of a current license year shall pay only so much of the license fee
provided for entire year as is proportionate to the number of months
left (including the month of application) in said license year. In
case of a transfer of business ownership, the existing license shall
inure to the benefit of the new owner.
[Ord. No. 389 §1, 6-3-2003]
Any person, firm or corporation required to secure a license
from the City prior to engaging in business shall display the license
provided in this Chapter in a prominent place at the location of said
business.
[Ord. No. 389 §1, 6-3-2003]
A separate license shall be obtained for each place of business
operated by a licensee under this Chapter.
[Ord. No. 389 §1, 6-3-2003]
Every business engaging in more than one (1) type of business
or occupation where all such occupations are operated as one (1) business
under the same management and at the same location may pay one (1)
license fee, such fee to be based upon the total amount of employees
employed for the operation of the total of all such businesses or
occupations.
No license required under the provisions of this Code shall
be issued to any person until such person produces a copy of a certificate
of insurance for Workers' Compensation coverage if the applicant for
the license is required to cover his/her liability under Chapter 287,
RSMo. It is further made a violation of this Section to provide fraudulent
information to the department. (Ord. No. 389 §1, 6-3-03
[Ord. No. 389 §1, 6-3-2003]
No license shall be issued until all personal property taxes,
all real estate taxes, all license fees and all other special charges
due the City from said applicant, such as water connection charges,
shall have been paid.
[Ord. No. 389 §1, 6-3-2003]
The City Clerk shall keep a complete record of all licenses
issued showing the name and address of the license.
[Ord. No. 389 §1, 6-3-2003; Ord. No. 13-007 §1, 12-10-2013]
Every business required to register under this Chapter shall
pay a license fee of twenty-five dollars ($25.00). This license fee
shall cover the costs of administration, maintenance, collation and
dissemination of the information obtained through the registration
process.
[Ord. No. 389 §1, 6-3-2003]
A.
Non-Profit And Charitable Merchandising. A free one (1)
week license is hereby allocated in each license year for granting
to an organization qualifying as non-profit or charitable as determined
and issued by the Board of Aldermen of the City of Sparta. The said
Board of Aldermen may approve of more than the aforesaid one (1) week
limit, but such approval shall be determined by said Board of Aldermen
at least thirty (30) days in advance of the issuance of such license.
B.
Transient merchants and peddlers on the street shall pay one-half (½) of the rate provided for herein in Section 605.100 depending upon the number of full-time employees for each thirty (30) days of conduction business and shall display said license at or near the point of transaction.
C.
Door-to-door
sales by transients are permitted only upon written application to
the City Board of Aldermen and upon approval by said Board of Aldermen
shall pay a tax of twenty dollars ($20.00) per person per month or
any part thereof.
D.
Door-to-door
sales by permanent residents of the City of Sparta selling advertised
merchandise shall pay the full annual rate per person specified in
this Chapter.
[Ord. No. 389 §1, 6-3-2003]
Upon receipt of a check or cash constituting a self-declared
assessment for the tax and license provided in this Chapter, the City
of Sparta, by and through the City Clerk thereof, shall mail within
one (1) week following the receipt of the same the license provided
for herein. In the alternative, all person required herein to be licensed
and to be taxed may apply in person at the City Hall of said City
during business hours.
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.
[Ord. No. 389 §1, 6-3-2003; Ord. No. 429, 10-10-2006]
A.
No person, firm or corporation shall conduct or operate or permit
those persons in his/her or its employment or under his/her or its
direction and control to conduct or operate an amusement center or
pool hall between the following hours of the following days of each
week:
1.
Between the hours of 10:00 P.M. and 9:00 A.M. Monday through
Saturday.
2.
Hours of operation on each Sunday will be 1:00 P.M. to 10:00
P.M.
3.
An "amusement center" is defined as a business in which the
principal activity is to provide amusement of patrons through the
operation of amusement machines, devices or games, whether such machines,
devices or games are coin-operated, placed into operation by the person
operating or conducting such business or by an attendant or employee
of said business, or played or operated upon the condition that a
fee for such playing or operation is paid to said business. Said amusement
machines, devices or games shall include, but not be limited to, pinball,
foosball, video games and pool tables.
[Ord. No. 389 §1, 6-3-2003]
Information To Be Provided To City Police. A
pawnbroker operating such business within the City shall be required
to furnish the City Police Department information listed in Section
367.031, RSMo., Subparagraphs 1.(1), 1.(2), 1.(3) and 1.(4) on a weekly
basis for each transaction (sale, purchase or consignment) occurring
during the previous one (1) week period.
