[R.O. 2013 § 615.005; Ord. No. 05-1-11 § 2, 5-16-2011]
As used in this Article, the following terms shall have the meanings indicated:
BUSINESS
Except as may be required by this Article, a person shall be deemed to be in a business or engaged in a non-profit enterprise within the meaning of Section 605.020 when he/she does one (1) act of:
1. 
Selling any goods or services;
2. 
Soliciting business or offering goods or services for sale or hire; or
3. 
Using any vehicle or any premises in the City for business purposes.
[R.O. 2013 § 615.010; Ord. No. 05-1-11 § 2, 5-16-2011]
Any person, either directly or indirectly, who conducts any business, trade, calling, enterprise, or occupation, whether for profit or not for profit, in whole or in part, for which a license or permit is required by this Article, shall procure, and keep in effect at all times, a license as required by this Article.
[R.O. 2013 § 615.015; Ord. No. 05-1-11 § 2, 5-16-2011]
The City License Officer shall make an initial determination of whether or not any particular business activity, trade, calling, enterprise, or occupation is subject to the provisions of this Article. The License Officer's determination shall be reasonably made based upon the generally accepted concept of each business activity, trade, calling, enterprise, or occupation with regard and the intention of the General Assembly in the adoption and amendment of Section 94.270, RSMo., and other applicable Sections of the Revised Statutes of Missouri, except as may be provided otherwise in this Article. A determination by the City License Officer pursuant to this Article may be appealed in accordance with the process provided at Sections 605.310 and 605.320 of this Chapter.
[R.O. 2013 § 615.020; Ord. No. 05-1-11 § 2, 5-16-2011]
The local agents or other representatives of non-residents who are doing business or engaged in non-profit enterprises in this City shall be personally responsible for compliance, of their principal and of the business and enterprises they represent, with applicable provisions of this Article.
[R.O. 2013 § 615.025; Ord. No. 05-1-11 § 2, 5-16-2011]
Except as may be provided otherwise by this Article, no license shall be required by any person for mere delivery of any person or any property purchased or acquired from a person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Article.
[R.O. 2013 § 615.030; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
The City Clerk shall be the City License Officer and shall issue in the name of the City all licenses and permits required by this Article to all qualified applicants therefor after:
1. 
All required taxes and fees have been paid in accordance with the provisions of this Article; and
2. 
A statement of no tax due from the Missouri Department of Revenue has been provided for any business where goods are sold at retail; and
3. 
A copy of a Missouri sales tax license has been provided to the City Clerk.
[R.O. 2013 § 615.035; Ord. No. 05-1-11 § 2, 5-16-2011]
No business license required under the provisions of this Article shall be issued by the License Officer to any person doing business at his/her regular place of business, on premises owned or leased within the City, until such person produces a copy of a certificate of insurance for public general liability insurance coverage for bodily injury and property damage in the amount of at least three hundred thousand dollars ($300,000.00) per occurrence, and six hundred thousand dollars ($600,000.00) on a general aggregate basis. Additionally, no business license shall be issued pursuant to this Article to any person doing business as a construction contractor 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.
[R.O. 2013 § 615.037; Ord. No. 05-1-11 § 2, 5-16-2011]
A person engaged in two (2) or more businesses at the same location shall be required to obtain a separate license for conducting each of such businesses but when eligible shall be issued one (1) license which shall specify on its face all of such businesses. The license fee shall be in addition to any other applicable tax or fee required by any other Chapter of the City Code.
[R.O. 2013 § 615.040; Ord. No. 05-1-11 § 2, 5-16-2011]
When a licensee places himself/herself in a new status, the License Officer shall consider the issuance of a supplemental license and such additional insignia as may be required in accordance with this Article.
[R.O. 2013 § 615.045; Ord. No. 05-1-11 § 2, 5-16-2011]
A duplicate license shall be issued by the License Officer to replace any license or such permit previously issued and which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the applicant upon the filing by him/her of an affidavit attesting to such fact and upon the payment of a fee of five dollars ($5.00).
[R.O. 2013 § 615.050; Ord. No. 05-1-11 § 2, 5-16-2011]
Each licensee under this Article who conducts business on or from licensed premises shall post and maintain such license upon the licensed premises in a place where it may be seen at all times.
[R.O. 2013 § 615.055; Ord. No. 05-1-11 § 2, 5-16-2011]
Every licensee under this Article who has no licensed business premises shall carry his/her license on his/her person and shall display it to the City Officer having authority to enforce this Article and the persons with whom he/she transacts or seeks to transact business at their request.
[R.O. 2013 §§ 615.060, 270.060; Ord. No. 05-1-11 § 2, 5-16-2011; Ord. No. 06-1-11 § 1, 6-20-2011]
No license under provisions of this Article shall be granted for a longer or shorter term than the time specified authorizing a license tax be levied and collected and each license shall terminate one (1) day, two (2) days or one (1) year, as the case may be, from the day on which the same is issued, provided that all licenses issued pursuant to this Article shall be annual and will expire on the first day of July in each year.
[R.O. 2013 § 615.065; Ord. No. 05-1-11 § 2, 5-16-2011]
No license issued under the provisions of this Article shall be assigned or transferred; no money paid to the City for any such license shall be refunded by this City or by any office thereof.
[R.O. 2013 § 615.070; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
No license or permit provided for or required under this Article or any other ordinance of the City shall be issued by the City to any person until all applicable taxes, including real property tax, of the applicant for such license or permit shall have first been paid.
B. 
It shall be the duty of the City Clerk, with the advice and consent of the City Administrator, to establish and promulgate rules and regulations relative to an orderly method of checking unpaid taxes in order to determine the amounts thereof due and owing to the City by any such applicant.
[R.O. 2013 § 615.075; Ord. No. 05-1-11 § 2, 5-16-2011]
There is hereby levied, fixed and ordered collected an annual license tax, unless a shorter period of time is indicated, upon the various things, objects, subjects, vocations, callings, persons and occupations within the City as follows:
Type of Business
Amount of License
(per year unless otherwise noted)
Automobile agency, dealers and garages, combined, including used car dealers
$25.00
Automobile wrecking and junk dealers
$25.00
Banks
$25.00
Bowling alleys
$25.00
Confectionery dealers
$25.00
Clothing stores
$20.00
Druggists
$25.00
Farm implement dealers, parts and repair
$25.00
Feed and fertilizer dealers
$25.00
Florists
$25.00
Garages, not a component of automobile dealer
$25.00
Gasoline service stations
$25.00
Grocers
$25.00
Hardware dealers
$25.00
Hotels
$25.00
Insurance agencies, per office
$25.00
Lumber dealers
$50.00
Manufacturing plants
$25.00
Monument dealers
$25.00
Motels
$25.00
Motorcycle and/or motorbike dealers
$25.00
Parades, per day
$10.00
Pawnbrokers
$25.00
Photographers, per day
$10.00
Plumbers
$25.00
Photographers, per year
$25.00
Public assembly halls
$20.00
Real estate brokers, agents, and salespersons, per year, per office
$25.00
Restaurants
$25.00
Retail merchants of tangible personal property, other than specified
$25.00
Small loan companies
$25.00
Stockyards
$25.00
Taverns
$50.00
[R.O. 2013 § 615.080; Ord. No. 05-1-11 § 2, 5-16-2011]
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, 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, 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 Lawson.
[R.O. 2013 § 615.085; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
The Board of Aldermen shall have the power to suspend or revoke any license granted under the terms and provisions of this Article whenever it shall be shown or whenever it has knowledge that a licensee is in violation of the terms and provisions of this Article, or a licensee is conducting its business, occupation, or calling in violation of any ordinance of the City of Lawson, Missouri.
B. 
Where action of suspension or revocation is to be taken pursuant to this Section, 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, which notice shall be directed by certified United States mail to the business office of the licensee as shown on his/her application for license on file, and shall specify the grounds upon which the license is sought to be suspended or revoked. No license may be suspended for a period in excess of sixty (60) days.
A. 
All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
B. 
In case of failure to apply for any license fee required by this Article 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 shown as tax on such return five percent (5%) of the amount of such tax 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.
C. 
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, 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 tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.
[Ord. No. 03-01-2019, 3-18-2019]
A. 
Definitions. As used in this Section, the following terms shall have the meanings given in this Subsection:
PREAPPROVAL
The business has issued an identification card to the purchaser that verifies and records the purchaser's driver's license information.
PREPAY
Payment in advance for any quantity of gasoline or diesel fuel sold at any time by cash, credit card, debit card, check or other legal means.
B. 
Payment or approval in advance shall be required for gasoline and/or diesel fuels sold. Business establishments that sell gasoline and/or diesel fuel shall require prepayment or preapproval of sales for fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
C. 
Penalty. Failure or refusal to comply with this Section will be a basis for the non-renewal of a business license.
1. 
Business establishments that sell gasoline and/or diesel fuel are required to require prepayment or preapproval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
2. 
The City Clerk shall not renew the business license of any business which has failed to comply with this Section which results in motorists dispensing fuel and driving off without paying.
3. 
The business establishment may appeal as outlined in Section 615.180(B).
[R.O. 2013 § 270.090; Ord. No. 06-1-11 § 1, 6-20-2011]
If the issuing officer denies an application for business license, he/she shall immediately convey the decision to the applicant orally and shall, within sixteen (16) working hours after the denial, prepare a written report of the reason for the denial which shall be immediately made available to the applicant. Upon receipt of the oral notification, and even before the preparation of the written report, the applicant shall have at his/her option a hearing to appeal the denial of his/her application before the Lawson Board of Aldermen at its next regular meeting.
[R.O. 2013 § 270.095]
If the applicant requests a hearing under Section 605.210, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri,[1] and review from the decision (on the record of the hearing) shall be had to the Ray County Circuit Court. The hearing shall also be subject to the Missouri Sunshine Law.[2]
[1]
Editor's Note: See §§ 536.010 et seq., RSMo.
[2]
Editor's Note: See §§ 610.010 et seq., RSMo.
[R.O. 2013 § 615.205; Ord. No. 05-1-11 § 2, 5-16-2011]
As used in this Article, the following words have the meanings indicated:
CANVASSER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
PEDDLER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service. A peddler does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a solicitor.
SOLICITOR
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
2. 
Distributing a handbill or flyer advertising a commercial event or service.
[R.O. 2013 § 615.210; Ord. No. 05-1-11 § 2, 5-16-2011]
This Article shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty of his/her employer.
[R.O. 2013 § 615.215; Ord. No. 05-1-11 § 2, 5-16-2011]
No person shall act as a peddler or as a solicitor within the City of Lawson without first obtaining an identification card in accordance with this Article. A canvasser is not required to have an identification card, but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.
[R.O. 2013 § 615.220; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
The fee for the issuance of each identification card shall be:
1. 
For a peddler acting on behalf of a merchant otherwise licensed to do business with the City, no fee.
2. 
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a fee of ten dollars ($10.00) per day.
3. 
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence), no fee.
4. 
For a canvasser requesting an identification card, no fee.
[R.O. 2013 § 615.225; Ord. No. 05-1-11 § 2, 5-16-2011]
Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the issuing officer during regular office hours.
[R.O. 2013 § 615.230; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
The applicant (person or organization) shall provide the following information:
1. 
Name of applicant.
2. 
Number of identification cards required.
3. 
The name, physical description and photograph of each person for whom a card is requested. In lieu of this information, a driver's license, State identification card, passport or other government-issued identification card (issued by a government within the United States) containing this information may be provided and a photocopy taken.
4. 
The permanent and (if any) local address of the applicant.
5. 
The permanent and (if any) local address of each person for whom a card is requested.
6. 
A brief description of the proposed activity related to this identification card. (Copies of literature to be distributed may be substituted for this description at the option of the applicant.)
7. 
Date and place of birth for each person for whom a card is requested and (if available) the Social Security number of such person.
8. 
A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.
9. 
The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by each person for whom a card is requested.
10. 
If a card is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
b. 
A copy of the principal's sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue.
c. 
The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.
11. 
If a card is requested for a solicitor:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted.
b. 
The web address for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
12. 
Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
[R.O. 2013 § 615.235; Ord. No. 05-1-11 § 2, 5-16-2011]
The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
[R.O. 2013 § 615.240; Ord. No. 05-1-11 § 2, 5-16-2011]
During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the sixteen (16) business hours provided in Section 605.290, the identification card will, nonetheless, be issued, subject, however, to administrative revocation upon completion of the investigation. (If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card or revokes it after issuance, the canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.)
[R.O. 2013 § 615.245; Ord. No. 05-1-11 § 2, 5-16-2011]
If the issuing officer denies (or, upon completion of an investigation, revokes) the identification card to one (1) or more persons, he/she shall immediately convey the decision to the applicant orally and shall, within sixteen (16) working hours after the denial, prepare a written report of the reason for the denial which shall be immediately made available to the applicant. Upon receipt of the oral notification, and even before the preparation of the written report, the applicant shall have at his/her option a hearing to appeal the denial of his/her application before the Lawson Board of Aldermen at its next regular meeting.
[R.O. 2013 § 615.250; Ord. No. 05-1-11 § 2, 5-16-2011]
If the applicant requests a hearing under Section 605.310, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri,[1] and review from the decision (on the record of the hearing) shall be had to the Ray County Circuit Court. The hearing shall also be subject to the Missouri Sunshine Law.[2]
[1]
Editor's Note: See §§ 536.010 et seq., RSMo.
[2]
Editor's Note: See §§ 610.010 et seq., RSMo.
[R.O. 2013 § 615.255; Ord. No. 05-1-11 § 2, 5-16-2011]
Each identification card shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the individual as so to be reasonably visible to any person who might be approached by said person.
[R.O. 2013 § 615.260; Ord. No. 05-1-11 § 2, 5-16-2011]
An identification card shall be valid within the meaning of this Article for a period of three (3) months from its date of issuance or the term requested, whichever is less.
[R.O. 2013 § 615.265; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:
1. 
Any violation of this Article by the applicant or by the person for whom the particular card was issued.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
3. 
Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.
4. 
Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act[1] and a hearing before the Lawson Board of Aldermen.
[1]
Editor's Note: See § 536.010 et seq., RSMo.
[R.O. 2013 § 615.270; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at or attached to any property having a "no solicitor" sign of the type described in Section 605.370(A)(1) or (2).
4. 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.
[R.O. 2013 § 615.275; Ord. No. 05-1-11 § 2, 5-16-2011]
A. 
No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign shall not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.)
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entranceway leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.
3. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
4. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
5. 
Enter upon the property of another except between the hours of 8:00 A.M. and 8:00 P.M. in the hours of Central Standard Time and 8:00 A.M. and 8:00 P.M. in the hours of Central Daylight Time.
B. 
Except that the above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
[R.O. 2013 § 615.280; Ord. No. 05-1-11 § 2, 5-16-2011]
Any person violating any part of this Article shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.