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Editor's Note: Former Article I of Chapter 605, containing Sections 605.010 through 605.110, was repealed 11-3-2020 by Ord.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:
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.
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.
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]
No license issued under the provisions of this Chapter shall
be transferred to another person or persons, firms, co-partnership
or corporation.
[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]
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.
[Ord. No. 492, 11-3-2020]
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.
[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]
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 and issued a ticket for a Municipal
Code violation by the Code Enforcement Officer.
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. If a license has not
been renewed by June 30, a Municipal Code violation will be issued
by the Code Enforcement Officer.
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 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 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.
