[CC 1985 § 6-1; Ord. No. 279 §§ 3, 4, 6, 12-5-1966]
As used in this Chapter, the following terms shall have the meanings indicated:
- Creamery or drive-in type business.
- GIFT ENTERPRISE
- Whoever shall sell any goods, wares or merchandise, or patent medicine, or other valuable things in this City, and as an inducement to such sale shall offer to give anything other than the article sold or offered to be sold, shall be deemed the keeper of a gift enterprise, and shall take out a license as provided by this Chapter.
- TRANSIENT MERCHANT
- One who engages in the selling of goods, wares, and merchandise from a motor vehicle moving or parked or who otherwise carries their goods from door to door.
[CC 1985 § 6-2; Ord. No. 279 §§ 1 — 2, 12-5-1966]
No person, copartnership, firm or corporation, shall hereafter for themselves or itself, engage in or carry on in person or by agent, any of the following named occupations, professions, business or trade, without first procuring a license from the proper authority in the City of St. James, Missouri, to wit:
Menagerie, circus, carnival, theatrical, operatic, minstrel, musical performance, concert lectures, street exhibitions, puppet shows, legerdemain, rope or wire walking, all-night sings, peddlers or transient merchants, bowling or ten pin alley, butcher shops, locker plants, slaughterhouses, wood or coal yards, billiard tables, bagatelle tables, pigeon hole tables, pool tables, jenny lind tables, or other game tables, gift enterprise, auction houses or stores, druggist or drug dispenser, vehicles operated in hauling goods and wares, general merchandise stores, furniture dealers, appliance dealers, contractors and builders, undertakers, embalmers, barber shops, hair dressers, printing presses, feed grinders, exchange mills, and grain elevators, clock or watch repair, jewelry repair, gunsmiths, express companies offices, pawn brokers, public halls, brokers, express agents, fortune tellers, horoscopic views, real estate agents or dealers, motels, hotels, boardinghouses, nursing homes, restaurants, bakery, scales, photographists or photographers, patent right dealers, confectioner, loan agents, insurance agents, banks, implement dealers, hardware, lumber yards, commission merchants or produce dealers, dry cleaning or tailoring, service stations, electric, radio, and/or TV repair, welding, generator shops, plumbers, electricians, fish bait dealers, used car dealers, laundromats, landscape gardeners and dealers, wholesale merchants, tin shop, garages, auctioneers, package store, sign painters, opticians or optometrist, and warehouses, trailer parks, ready-mix concrete blocks, and telephone exchanges.
Every person, copartnership of persons, or corporation who shall deal in the selling of goods, wares or merchandise at any store, stand or place occupied for that purpose within this City is declared to be a merchant, and shall pay a license tax hereinafter specified, together with all ad valorem tax not exceeding the amount levied on real estate on the highest amount of all goods, wares, and merchandise which they may have in their possession or under their control, whether owned or consigned to them for sale at any time between the first Monday in March and the first Monday in June of each year, provided that no commission merchant shall be required to pay any tax on any unmanufactured article, the growth or product of this or any other state, which may have been consigned to them for sale, and on which he/she or they have no ownership or interest other than his/her or their commission.
[CC 1985 § 6-3; Ord. No. 279, 12-5-1966; Ord. No. 913, 3-3-2008]
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.
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 St. James.
[CC 1985 § 6-4; Ord. No. 279 § 5, 12-5-1966]
All licenses, except as otherwise provided, shall extend for the period of one (1) year from the date of purchase or from the date of purchase to the closest first of the month, then one (1) year so that all licenses shall expire at the first of each month. The rate fixed for one (1) year's license and no license to be transferred.
[CC 1985 § 6-5; Ord. No. 209 § 1, 1-5-1962]
Hereafter, no merchant's license shall be issued or renewed to any person, firm or corporation who shall, at the time of making application for such license or its renewal, be indebted to the City for taxes therefor duly assessed against such applicant remaining unpaid.
[CC 1985 § 6-6; 1977 Code; Ord. No. 279 § 8, 12-5-1966]
Any person, firm association or corporation engaging in any occupation, trade or business set forth in this Chapter in which a license is required without first having procured a license shall be adjudged guilty of an offense against the City. (For penalty, see Section 100.220.)
[CC 1985 § 6-7; 1977 Code; Ord. No. 29 § 3, 11-17-1937; Ord. No. 210 § 3, 1-5-1962]
Sales. If any person shall sell or expose for sale at public outcry or auction on any of the sidewalks or streets in the frequented parts of the City any goods, wares, merchandise, or any property or thing of any description, he/she shall be deemed guilty of an offense. (For penalty, see Section 100.220.)
Storage. Hereafter it shall be unlawful for any person, firm or corporation to use any street or alley or any part of any street or alley of the City of St. James, Missouri, for the purpose of storing or the displaying of any machinery of any kind or character or any other goods, wares or merchandise. (For penalty, see Section 100.220.)
[CC 1985 § 6-8; Ord. No. 489 § 1 — 3, 6-5-1989; Ord. No. 803, 5-3-2004]
Individuals who have rummage, garage, or yard sales on their property or rented property will be limited to six (6) sales per year, and each sale shall not exceed a three-day duration period.
Individuals who exceed the limitations of this Chapter to continue the sales will be required to purchase a business license and locate the sales in a properly zoned commercial area.
This Chapter does not apply to churches, church-affiliated organizations, schools, and school-affiliated organizations.
A no-cost permit for temporary rummage, garage or yard sale signs will be issued by the Police Department upon proper application by phone or in person. The applicant shall provide name, address and dates of the sale. In return, the Police Department will issue a permit number. This permit number shall be on any sign on a City street and road right-of-way in two-inch or greater font. Signs must be stand-alone and cannot be attached to any permanent tree, bush, pole, post or structure.
Signs may not be placed before dawn on the first day of the sale and must be removed by 9:00 P.M. on the last day of the sale.
Any person failing, neglecting, or refusing to comply with the provisions of this Section shall be deemed guilty of an ordinance violation with a fine of not more than five hundred dollars ($500.00) and/or up to thirty (30) days in jail.
[CC 1985 § 6-9; Ord. No. 770, 4-7-2003]
The possession of a retail sales license shall be a prerequisite to the issuance of any City or County occupation license or any State license which is required for conducting any business where goods are sold at retail. The revocation of a retailer's license by the Director shall render the occupational license or the State license null and void.
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
A copy of the retail sales license issued by the State showing the City of St. James as the address for business must accompany the properly completed application before a merchant's license will be issued.
[CC 1985 § 6-10; Ord. No. 900, 11-5-2007]
Any business license having been issued, or issued and thereafter renewed by the City of St. James, Missouri, under the provision of this Chapter may be suspended or revoked by the action of the City Council for violation, by the licensee, of any applicable provision of State Statute, State law, rule, regulation, this Code or City ordinances.
Written notice of any violation as described in this Section shall be given to the licensee by personal service or certified mail deliverable to addressee only advising the licensee that licensee's business license may be suspended or revoked unless the violation is corrected and abated. The written notice shall also advise the licensee of the right to a public hearing before the City Council prior to any suspension or revocation.
Following a public hearing and a finding by the City Council of substantial evidence that a violation has occurred, is continuing and has not been corrected or abated, the license shall be suspended for a period not exceeding one (1) year or shall be revoked.
Following suspension of a business license and prior to its reinstatement, the City shall require an inspection of licensee's business to determine whether the violation has been corrected, and for each such inspection a fee of one hundred dollars ($100.00) shall be charged.
Any City employee so designated by the Mayor shall be a "Business License Compliance Officer" within the meaning of this Chapter.