[Ord. No. 492, 11-3-2020[1]; Ord. No. 381, 4-21-2015; Ord. No. 400, 8-18-2015]
Pursuant to authority granted by Section 94.270, RSMo., as amended, this Chapter is hereby established and shall be known as the "Occupational Licensing Code" of the City of Kimberling City, Missouri, a municipal corporation, and shall apply to all corporations, companies, associations, joint-stock associations, partnerships, copartnership and persons and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns, who shall engage in any business, trade, vocation, or profession.
[1]
Editor's Note: Former Article I of Chapter 605, containing Sections 605.010 through 605.110, was repealed 11-3-2020 by Ord. No. 492. Former Article I, derived from R.O. 2012 §§ 605.010—605.100; Ord. No. 4, 8-20-1973; Amend. #1 to Ord. No. 4, 6-6-1977; Amend. #2 to Ord. No. 4, 5-20-1980; Amend. #3 to Ord. No. 4, 5-15-1984; Amend. #4 to Ord. No. 4, 6-4-1984; Ord. No. 151, 4-20-1993; Ord. No. 154 §§ 1 — 3, 8-17-1993; Ord. No. 216, 11-4-1997; Ord. No. 286, 3-16-2004; Ord. No. 352, 12-7-2010
[Ord. No. 492, 11-3-2020]
As used in this Chapter, the following terms shall have the meanings indicated:
BUSINESS, TRADE, AND OCCUPATION
All manner of businesses, trades, and avocations whatsoever transacted, conducted, and carried on for gain, profit, or as a means of livelihood in the City of Kimberling City, Stone County, Missouri.
TRADE
Includes but not be limited to general, building, and residential contractors, whether companies or individuals, engaged in new or repair work involving air-conditioning, blasting, bricklaying, burglar alarms, carpentry, construction, concrete, demolition, drainlaying, electrical, elevators, excavation, fire alarms, fire sprinklers, gas fittings, heating, irrigation, plumbing, refrigeration, residential mechanical servicing, roofing, solar heater installation, swimming pools and water treatment installation.
[Ord. No. 492, 11-3-2020]
A. 
It shall be unlawful for a person to operate a business within the City without first having obtained a valid business license or permit. It shall be unlawful for a person to continue to operate a business after the expiration of the license unless a new license has been issued.
1. 
Advertising or soliciting constitutes engaging in business. For purposes of this Section, "advertising" means the use of any handbill, billboard, sign, newspaper, radio, loudspeaker, television, telephone listing, computer listing, or other message or device whereby the services or products are offered to the public. The listing in an advertisement of an address which is inside the City or a telephone number associated with the business shall constitute prima facie evidence that the person is engaged in the business activity that is being advertised. It shall be unlawful for any person who is required by the provisions of this Chapter to secure a license to advertise the activity without first securing such a license.
2. 
It shall be unlawful for any person who is required by the provisions of this Chapter to have a license in order to engage in the licensed activity to solicit, to accept consideration, or to offer the services or products to the public without first securing a license.
[Ord. No. 492, 11-3-2020]
A separate license shall be obtained for each separate legal business entity conducted, operated, maintained, or carried on by every person engaged in any business or manufacturing for which a license is required by this Chapter.
[Ord. No. 492, 11-3-2020]
Whenever any person making an application for a license under the provisions of this Chapter is engaged in more than one (1) business, which are not operated as a separate legal business entity, at the same address, such person shall combine the information for all businesses conducted at the same address, as required for the purpose of determining the license fee, the same as if all were conducted as a single business operation.
[Ord. No. 492, 11-3-2020]
A. 
The terms "business or manufacturing" or "business" as used in this Chapter shall include all of the businesses and occupations listed in Section 94.270, RSMo., or any similar provision. The businesses and occupations listed herein shall be construed broadly to include any substantially similar business or occupation regardless of the current title of such business or occupation, and specifically including the following:
Agents
Artists
Auctioneers
Auto drays and jitneys
Auto liveries
Automobile accessories dealers
Automobile agencies and dealers
Auto wrecking shops and junk dealers
Balls
Ball alleys
Banks
Billiard, pool tables, and other tables
Bill posters
Bowling alleys
Brokers
Butchers
Confectioners
Corn doctors
Dance houses
Draymen
Drays, transfer and all other vehicles
Druggists
Express agents
Express companies
Ferries
Gas companies
Gasoline filling stations
Gaugers
Grocers
Hackmen
Hawkers
Horse or cattle dealers
Hotels
Inspectors
Insurance companies
Insurance agents
Intelligence and employment offices and agencies
Light, power and water companies
Loan companies
Loan agents
Lumber dealers
Lung testers
Magnifying glasses
Manufacturing and other corporations or institutions
Menageries
Mercantile agents
Merchants of all kinds
Money brokers
Money changers
Moving picture shows
Muscle developers
Museums
Omnibus drivers, porters and all others pursuing like occupations, with or without vehicles
Omnibuses
Opera houses
Ordinaries
Patent right dealers
Pawnbrokers
Photographers
Pistol galleries
Plumbers and all other business, trades, and avocations whatsoever
Pool tables and other tables
Porters
Private venereal hospitals
Public boardinghouses
Public buildings
Public halls
Public lecturers
Public masquerades
Real estate agents
Restaurants
Runners for steamboats, cars and public houses
Sales of unclaimed goods by express companies or common carriers
Shows and amusements
Soda fountains
Soft drink stands combined
Stockyards
Street exhibitions
Street railroad cars
Telegraph companies
Telephone companies
Telescopic views
Tenpin alleys
Theatrical or other exhibitions
B. 
Nothing in this Chapter shall be construed as authorizing any person to sell intoxicating or non-intoxicating liquors by virtue of such a license.
[Ord. No. 492, 11-3-2020]
A. 
There is hereby levied a license tax on all businesses, trades, occupations, and avocations as hereinafter set out and which are transacted, conducted and carried on within the corporate limits of said City of Kimberling City; and every person or persons, firm, copartnership or corporation transacting, conducting and carrying on any of the businesses, trades, occupations or avocations hereinafter mentioned and set out within the corporate limits of said City are hereby required to pay to said City the sums hereinafter set out for the particular business, trade, occupation or avocation in which he, she, they or it shall be engaged and transacting, conducting and carrying on in said City as follows:
B. 
License fees are prescribed in the following categories:
1. 
General Merchants. Includes all businesses, trades and occupations not covered specifically in this Chapter or elsewhere in this Code.
2. 
Contractor. Includes all contractors: general and sub, trades and classifications not covered specifically in this Chapter of elsewhere in this Code.
3. 
Peddlers, Solicitors And Canvassers. See Article IV, Section 605.220, Definitions Peddler, Solicitor and Canvasser, of this Chapter.
4. 
Temporary Business.
a. 
A business which is conducted from a portable unit without traveling from place to place. Such business shall make application and receive approval from the City Clerk before placing structure or conducting any sales activity. Application must be made two (2) business days prior to placing a structure or sales activity. Applications must include the following, but not limited to:
(1) 
The name and address of the applicant, including the business name, address and home and business telephone number;
(2) 
Name and tax identification number for the applicant/company and a current no tax due statement;
(3) 
A description of the type of business proposed to be conducted and goods to be sold, if food, you would need a health department permit and the required classes;
(4) 
The specific dates and times the applicant proposes to do business within the City;
(5) 
A picture of the unit the business is proposed to be conducted from;
(6) 
If a corporation, the name of the registered agent and office and names of all directors and officers of said corporation;
(7) 
A statement as to whether or not the applicant has been convicted of any crime (felony), the nature of the offense and the punishment or penalty therefore;
(8) 
Written permission from the property owner for the use of his/her property;
(9) 
Written permission from the property owner if rest room facilities are to be utilized off-site;
(10) 
Proof of insurance showing liability coverage.
b. 
Five dollars ($5.00) per day for each application period.
[Ord. No. 492, 11-3-2020]
A. 
The following businesses shall be exempt from City license requirements:
1. 
Any minister of the gospel, duly accredited Christian Science practitioner, teacher, a professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, physician, or surgeon.
2. 
Any insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or real estate salesman, unless that person maintains a business office within the City limits.
3. 
Any farmer or producer of produce raised by him/her, when sold from his/her wagon, cart, vehicle, or stand, or any person in the employ of such farmer or producer.
4. 
Any additions or deletions to this list as required by State law.
[Ord. No. 492, 11-3-2020]
All licenses issued by the City under this Chapter shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by such licensee.
[Ord. No. 492, 11-3-2020]
A. 
All annual licenses shall run from the first day of July through the first day of July of the following year. The annual fee of twenty-five dollars ($25.00) together with a new application shall be due on or before the first day of July each year. All licenses issued by virtue of the provisions of this Chapter on or after the first day of January each year shall be one half (1/2) the amount of the annual fee.
B. 
Temporary Daily License. Businesses failing to submit a completed application with all required documents, fees and signature for license renewal by the first day of July will be deemed to be operating on a temporary daily license retroactive back to July 1, and until such time as the annual license has been renewed or June 30, whichever date comes first. Fees of one dollar ($1.00) a day for a temporary daily license are due and payable before an annual license can be issued.
[Ord. No. 492, 11-3-2020]
A. 
A business license required under the provisions of this Chapter shall not be issued by the City Clerk to any business until such business provides the City with a certificate of insurance for workers' compensation coverage if the applicant for the license is required to cover such liability under Chapter 287, RSMo. It is further made a violation of this Section to provide fraudulent information to the City Clerk and may result in the revocation of the business license.
B. 
Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide evidence of workers' compensation coverage.
[Ord. No. 492, 11-3-2020; Ord. No. 558, 8-5-2025]
A. 
In accordance with Section 144.083.2, RSMo., the possession of a retail sales license shall be a prerequisite to the issuance of any license in accordance with this Chapter which is required for conducting any business where goods are sold at retail.
B. 
In addition to the provisions of Subsection (A) of this Section, beginning January 1, 2009, the possession of a statement from the Department of Revenue stating no tax is due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall also be a prerequisite to the issuance or renewal of any City or County occupation license or any State license required for conducting any business where goods are sold at retail. 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 or County license.
C. 
Any business in the City may be inspected by City officers and employees authorized to enforce provisions of ordinances relating to that business, and the building being used for business. In the absence of an emergency and in the absence of sound reasons whereby an inspection cannot be made during regular business hours, inspections shall be made during regular business hours. Immediately upon arriving at the place of business for the purpose of making an inspection, the City officer or employee making the inspection shall identify himself and shall state that the purpose of the visit is to make an inspection. No person having control of any business premises shall refuse to permit a City officer or employee to enter for the purpose of making an inspection.
D. 
All business will follow the Stone County Fire Protection District rules and regulations for business. A completed and approved fire inspection report will be required, when applicable, per Stone County Fire regulations.
E. 
All business will follow the Stone County Health Department rules and regulations for business. A completed and approved health inspection report will be required, when applicable, per Stone County Health regulation.
[Ord. No. 492, 11-3-2020]
All businesses, trades or avocations shall be transacted, conducted or carried on in a building with a permanent address. No mobile units such as buses, vans, mobile homes, trailers or trucks will be considered a permanent business address. This provision shall not apply to Section 605.030 concerning peddlers' licenses or temporary business, or Article II of this Chapter concerning fireworks stands.
[Ord. No. 492, 11-3-2020; Ord. No. 558, 8-5-2025]
A. 
In case of failure to apply for any license 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 paid in the amount of one dollar ($1.00) a day, for not more than thirty (30) days, as a grace period until a stop business order has been issued to the business for failure to obtain a license.
B. 
Any person or persons, contractor, firm, co-partnership or corporation found guilty of violating any of the provisions of this Chapter shall, after a thirty (30) day grace period, be issued a stop business order until a business license can be obtained for the location address.
C. 
Each day on which a willful violation of this Chapter continues shall constitute a separate offense with the daily temporary license fee being added to the total license amount due.
D. 
Any contractor, general or sub, found working without a license will be issued a stop work order until the contractor is in compliance with this Section. If the contractor remains unlicensed and continues to work after the stop work order is issued, a Municipal Code violation will be issued by the Code Enforcement Officer.
E. 
Any person or persons, contractor, firm, co-partnership or corporation violating provisions Chapter 500, Building Regulations, may have her/his/its license provisionally suspended without refund by the City Building Inspector or Code Enforcement Officer, who shall provide the entity with an opportunity prior to suspension to meet with her/him to discuss the matter. After such meeting, if the Building Inspector imposes the suspension, the Building Inspector's position shall be affirmed to the suspended party in writing. That entity may offer a written appeal for license reinstatement to the City Clerk within fifteen (15) days of the Building Inspector's or Code Enforcement Officer's affirmation of suspension, and he/she/it shall receive a public hearing at the next scheduled meeting of the Board of Aldermen. After consideration of pertinent available information and evaluating the severity of the entity's violation, he/she/its license suspension may be revoked by the Board of Aldermen or the suspension may be continued for a short or an extended period of time.
[Ord. No. 492, 11-3-2020]
A. 
The Board of Aldermen shall have the power to suspend or revoke any license granted under the terms and provisions of this Chapter whenever it shall be shown, or whenever they have knowledge that a licensee is conducting said business or manufacturing in violation of any ordinance of the City. The Board of Aldermen shall have the power to issue subpoenas and all necessary processes and to require the production of papers, to administer oaths and to take testimony and to make findings thereon.
B. 
The Board of Aldermen shall not suspend any license issued under this Chapter for a period in excess of sixty (60) days.
C. 
Where the action of suspension or revocation is to be taken pursuant to this Chapter, the licensee shall have five (5) days written notice of the Board of Aldermen's intention to suspend or revoke the license prior to the hearing on such suspension or revocation. Such written notice shall be directed by certified or registered U.S. Mail to the business address of the licensee on such licensee's application on file in the office of the City Clerk and shall specify the grounds upon which the license is sought to be suspended or revoked.
D. 
The licensee shall have full right to be represented by counsel at such hearing, to produce witnesses in his/her behalf, and any such hearing, as herein provided, shall be before the Board of Aldermen.