Kimberling City, MO
Stone County
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Table of Contents
Table of Contents
[R.O. 2012 § 605.010; Ord. No. 4 § 1, 8-20-1973; Ord. No. 216, 11-4-1997]
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.
[R.O. 2012 § 605.020; Ord. No. 4 § 2, 8-20-1973]
It shall be the duty of every person or persons, firm or co-partnership and every corporation transacting, conducting and carrying on any business, trade or avocation whatsoever for gain, profit, or as a means of livelihood within the corporate limits of the City of Kimberling City, Missouri, to apply to and secure from the Collector of said City, or other representative of said City authorized to receive such monies and issue such license, a license for transacting, conducting and carrying on such business, trade or avocation before he, she, they or it shall transact, conduct and carry on such business, trade or avocation within the corporate limits of said City.
[R.O. 2012 § 605.030; Ord. No. 4 §§ 3, 4, 8-20-1973; Amend. #1 to Ord. No. 4, 6-6-1977; Ord. No. 151, 4-20-1993; Ord. No. 286, 3-16-2004; Ord. No. 352, 12-7-2010]
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. Twenty-five dollars ($25.00) per year.
2. 
Peddlers, Solicitors And Canvassers. See Article IV. Section 605.220, Definitions — Peddler, Solicitor and Canvasser, of this Chapter.
3. 
Temporary Business.
[Ord. No. 400, 8-18-2015]
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 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 offsite;
(10) 
Proof of insurance showing liability coverage.
b. 
Twenty-five dollars ($25.00) for each application period.
[R.O. 2012 § 605.040; Ord. No. 4 § 5, 8-20-1973]
A. 
Hereafter 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, physician or surgeon in this State 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, or 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 its business or occupation, in excess of or in an aggregate amount exceeding 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 state 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 or her profession by a municipality unless that person maintains a business office within that municipality.
[R.O. 2012 § 605.050; Amend. #3 to Ord. No. 4, 5-15-1984; Ord. No. 286, 3-16-2004; Ord. No. 381, 4-21-2015]
All annual licenses shall run from the first day of July through the 30th day of June 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.
[R.O. 2012 § 605.060; Ord. No. 4 § 7, 8-20-1973]
No license issued under the provisions of this Chapter shall be transferred to another person or persons, firms, co-partnership or corporation.
[R.O. 2012 § 605.065; Ord. No. 154 §§ 1 — 3, 8-17-1993]
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.
[R.O. 2012 § 605.070; Amend. #2 to Ord. No. 4, 5-20-1980]
Prerequisite for the issuance of any license in accordance with this Chapter is the payment or presentation of proof of payment of all other City taxes which are currently due and payable at the date of application for said license.
[R.O. 2012 § 605.080; Amend. #2 to Ord. No. 4, 5-20-1980]
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.
[R.O. 2012 § 605.090; Amend. #4 to Ord. No. 4, 6-4-1984; Ord. No. 286, 3-16-2004]
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 concerning fireworks stands.
[R.O. 2012 § 605.100; Ord. No. 4 § 9, 8-20-1973; Ord. No. 216, 11-4-1997; Ord. No. 381, 4-21-2015]
A. 
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 paid five percent (5%) of the amount 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.
B. 
Any person or persons, contractor, firm, co-partnership or corporation found guilty of violating any of the provisions of this Chapter shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) for each offense.
C. 
Each day on which a willful violation of this Chapter continues shall constitute a separate offense.
D. 
Any person or persons, contractor, firm, co-partnership or corporation violating provisions of Title V, Building and Construction, Chapter 500, Building Regulations, may have her/his/its license provisionally suspended without refund by the City Building Inspector, 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 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.