[R.O. 2001 § 605.010; CC 1984 § 54.010]
It shall be unlawful for any person, firm or corporation except those exempted by Sections 71.620 and 71.630, RSMo., to engage in any business or occupation in the City of Memphis without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.
[R.O. 2001 § 605.015; CC 1984 § 54.020]
It shall be unlawful for any person, either directly or indirectly, to conduct any business or to use in connection therewith any vehicle, premises, machine or device for which a license or permit is required by this Chapter without the license or permit so required having been first obtained and thereafter kept in effect at all such times as required by this Chapter.
[R.O. 2001 § 605.020; CC 1984 §§ 54.140 — 54.150]
A. 
Application — Original License. Every person required to have a license shall submit an application to the City License Officer by a written statement upon forms provided by the City License Officer, which shall disclose all information which the City License Officer shall find to be reasonably necessary to the fair administration of this Chapter, and which shall be accompanied by a receipt from the City Collector for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter.
B. 
Renewal. Any applicant for the renewal of a license under this Chapter shall submit an application therefor to the City License Officer upon forms provided by such officer, which shall include such information which the License Officer shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his/her business during the preceding licensing period. All applications for renewal of a license provided for herein shall be filed no later than January 1 of each year.
C. 
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.
[R.O. 2001 § 605.025; CC 1984 § 54.160]
The City License Officer shall, upon disapproving any application, direct the City Collector to refund all money paid in advance, provided the applicant is not otherwise indebted to the City. When the issuance of license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.
[R.O. 2001 § 605.030; CC 1984 § 54.100]
A. 
No person shall operate, practice, engage in or otherwise conduct any trade, profession, occupation, vocation or business unless and until the owner, operator, manager, proprietor or practitioner thereof shall have applied for and obtained a license to operate, practice, engage in or otherwise conduct same from the City License Officer and shall have paid to the City the license tax hereinafter set forth, such license and tax therefor to be issued and paid on an annual basis, except where otherwise herein specifically provided:
1. 
Twenty-five dollars ($25.00) for each license.
[R.O. 2001 § 605.040]
No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk, who may transfer such license as to location only. In no event, however, shall such license be transferred from one (1) person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
[R.O. 2001 § 605.050]
The term of the licenses issued pursuant to the provisions of this Chapter shall be from January 1 to December 31.
[R.O. 2001 § 605.060; CC 1984 § 54.030]
For each business required by this Chapter to be licensed, a separate license shall be obtained. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license which shall specify on its face all such businesses.
[R.O. 2001 § 605.066; CC 1984 § 54.050]
Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he/she is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.
[R.O. 2001 § 605.067; CC 1984 § 54.060]
The City License Officer shall make initial determination whether any other particular business, activity, occupation, vocation or service shall be covered within the provisions of this Chapter. Such determination shall be reasonably made based upon the generally accepted concept of each such activity, occupation, vocation or service and with regard for the intention of the legislature in the enactment of Section 94.270, RSMo., and other applicable Sections of the Revised Statutes of Missouri. Such determination by the City License Officer shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.
[R.O. 2001 § 605.070]
Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.
[R.O. 2001 § 605.080]
The provisions of this Chapter shall under no circumstances be construed to require a license or a license fee for any business, occupation, pursuit or profession for which the City may be prohibited by law from licensing or requiring a fee for said license.
[R.O. 2001 § 605.100; CC 1984 § 54.080]
Except as may be provided otherwise by this Chapter, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such 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 Chapter.
[R.O. 2001 § 605.130; CC 1984 § 54.120]
The City License Officer shall adopt and promulgate such rules and regulations as he/she may consider desirable for the administration of this Chapter. When approved by the Mayor, such rules and regulations shall be placed on file in the office of the City License Officer for inspection and use by the public, and the provisions thereof shall be enforced by him/her. The City License Officer shall investigate and determine the eligibility of any applicant for a license or a renewal, examine the books and records of any applicant when reasonably necessary to the administration or enforcement, and notify any applicant of the acceptance or rejection of his/her application and, upon refusal, state in writing the reasons therefor and deliver such notice to the applicant.
[R.O. 2001 § 605.150; CC 1984 § 54.170]
The City License Officer, and all other City Officers and Officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided, that this Section shall not prohibit any City Officer from testifying as to such information in compliance with a subpoena issued from a court of competent jurisdiction or from the Board of Aldermen in any proceeding before it.
[R.O. 2001 § 605.170; CC 1984 § 54.200]
A. 
Any canvasser, solicitor or other person who may be exempt from the application of license taxes or fees imposed by this Chapter, by reason of engaging in interstate commerce, shall, before engaging in any such canvassing or solicitation within this City, register with the City License Officer on a form provided by such officer. Each registrant under this Section shall on such form provide the City License Officer with:
1. 
His/her name and description.
2. 
His/her permanent home address and full local address.
3. 
A brief description of the nature of the business and goods to be sold, whether or not money is to be collected by the registrant prior to delivery or shipment of the goods sold.
4. 
The name and address of his/her employer, together with credentials establishing the exact relationship.
5. 
The length of time for which the registrant proposes to do business within the City.
6. 
A photograph of the registrant taken within six (6) months prior to the date of the filing of the registration form, which picture shall show the head and shoulders of the registrant in a clear and distinguishing manner.
7. 
A statement by the registrant whether he/she has been convicted of any crime, misdemeanor or violation of any municipal law or ordinance, the nature of the offense and the punishment or penalty assessed therefor.
8. 
The fingerprints of the registrant, who will certify as to his/her good character and responsibility, or, in lieu thereof, such other available evidence as to the registrant's good character and business responsibility as will enable an investigation and proper evaluation of such character and business responsibility.
9. 
A statement by the registrant that he/she is free of any contagious, infectious or communicable diseases.
B. 
Each registrant hereunder shall pay at the time of registration the sum of ten dollars ($10.00) to cover the costs of the registration and the investigation of the facts stated in the registration form. The City License Officer shall refer such registration to the City Marshal, who shall cause such investigation to be made. Upon approval by the City Marshal, the License Officer shall issue to the registrant a registration certificate, which the registrant shall keep on his/her person at all times and on demand display to any officer of the City and any citizen who so requests it. Any registration certificate hereunder may be revoked by the City License Officer for fraud or misrepresentation or false statements.
[R.O. 2001 § 605.180; CC 1984 § 54.210]
For purposes of enforcing this Chapter, the City License Officer, the City Administrator and the City Police shall have authority to inspect and examine businesses to enforce compliance. Such persons authorized to inspect licenses shall have the authority to enter, with or without a search warrant, at all reasonable times.
[R.O. 2001 § 605.190]
A. 
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
1. 
Any failure to comply with, or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or any other Federal, State or local laws or regulations, by any licensee.
2. 
Violation of the terms and conditions upon which the license was issued.
3. 
Failure of the licensee to pay any tax or obligation due to the City.
4. 
Any misrepresentation or false statement in the application for a license required herein.
5. 
Failure to display the license required herein.
B. 
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
[R.O. 2001 § 605.200]
A. 
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. 
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
2. 
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk, advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. 
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
7. 
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
[R.O. 2001 § 605.210]
Any person, firm or corporation or copartnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on, or engage in, or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Memphis, without first paying the tax herein levied, and obtaining a license therefor, shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished pursuant to Section 100.220 of this Code.
[R.O. 2001 § 605.370; Ord. No. 810 §§ 1 — 2, 11-7-1996]
A. 
Any person maintaining, conducting, operating or managing any tattooing establishment must comply with the following regulations:
1. 
A copy of a current permit or business license issued by the Department of Public Health of Scotland County and a copy of a current State license must be produced and shown to the City Clerk.
2. 
Upon receipt of the above permit or license copies, a business license shall be issued pursuant to the requirements in Article I of this Chapter.
3. 
Revocation of a license by the Department of Public Health of Scotland County or the State shall revoke the license issued by the City of Memphis.