[CC 1985 §55.010]
As used in this Article, the following words and terms shall
mean:
ADVERTISEMENT
The attempt by publication, dissemination, solicitation,
circulation or any other means to induce, directly or indirectly,
any person to enter into any obligation or acquire any title or interest
in any merchandise.
MERCHANDISE
Includes any objects, wares, goods, commodities, intangibles,
real estate or services.
SALE
Any sale, lease, offer for sale or lease or attempt to sell
or lease merchandise for cash or on credit.
[CC 1985 §55.040]
In the construction of the preceding Section, the following
terms shall mean:
ADULTERATED
Varying from the standard of composition or quality prescribed
by Statute or lawfully promulgated administrative regulations of this
State lawfully filed or if none, as set by commercial usage.
MISLABELED
Varying from the standard of truth or disclosure in labeling
prescribed by Statute or lawfully promulgated administrative regulations
of this State lawfully filed or if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
[CC 1985 §55.060]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of or to increase the consumption of,
property or services, he/she recklessly makes or causes to be made
a false or misleading statement in any advertisement addressed to
the public or to a substantial number of persons.
[CC 1985 §55.080]
The offense described in Sections
605.030 through
605.070 shall be included offenses in the unlawful practices prohibited by Section
605.020. No person shall be convicted of a violation of both Section
605.020 and of one (1) or more of Sections
605.030 through
605.070 as
a result of the same act by him/her.
[Ord. No. 797-C, 9-18-2017]
A. It shall be unlawful for any person or other entity, either by himself,
herself, itself as owner or proprietor, or by any officer, manager,
superintendent, agent, servant, tenant, landlord or employee of any
such person, firm or corporation or other entity to exercise, carry
on or engage in any occupation, trade, business, agency or activity
within the corporate limits of the City of Canton, Missouri, without
first taking out and having a license therefor. The annual charge
for each license, except those for which a different license period
is provided in this Section, and further excepting those for which
the City has no authority to license, shall be as follows:
1.
Regular occupational license holder: thirty-five dollars ($35.00)
per year.
2.
All non-resident contractors, including general contractors,
all manner of subcontractors, plumbers, sheet rock hangers, roofers,
concrete job contractors, road paving contractors, and any other contractor
available for hire to perform any type of construction work shall
obtain an annual license, with a license fee of thirty-five dollars
($35.00) per year for this type of license.
[Ord. No. 797-C, 9-18-2017; Ord. No. 882-C, 12-18-2023]
A. The following occupations are exempt from the provisions of this
Article and are not required to obtain an occupational license or
provide proof of insurance:
5.
Certified Public Accountant;
10.
Christian Science Practitioner;
19.
Real Estate Broker or Salesman;
20. Long-Term And Short-Term Residential Property Landlords. This exemption
does not include hotels, motels or other similar lodging.
[Ord. No. 797-C, 9-18-2017]
A. Annual occupational license fees shall be due and payable on or before
January 15 of each year. For any business or occupation licensed for
the first time prior to July 1 of any year, the full yearly amount
shall be charged. For any such business or occupation licensed for
the first time on July 1 or thereafter and prior to October 1, one-half
(1/2) of the full yearly amount shall be charged. For any such business
or occupation licensed for the first time on or after October 1 of
any year, one-fourth (1/4) of the yearly amount shall be charged.
B. The Board of Aldermen may, before any delinquency and for good cause
shown, extend the time for payment for a period not to exceed sixty
(60) days.
C. The license year for all occupational licenses shall coincide with
the calendar year, beginning January 1 and ending December 31.
[Ord. No. 797-C, 9-18-2017]
A. It shall be the duty of the City Clerk to issue as many licenses
under the Corporate Seal of the City as from time to time may be required
by virtue of the provisions of this Article. All licenses so issued
shall be filled in by the City Clerk so as to designate the business
or vocation for which the license is issued, and the amount to be
paid therefor.
B. The license shall be delivered by the City Clerk to the City Collector
who shall give a receipt therefor and who shall be charged therefor
by the City Clerk, and the City Collector shall then issue and collect
for the license from the recipient of the license, and the City Collector
shall keep good and sufficient records of all licenses issued and
all fees received in payment for the issuance of the license.
C. The City Collector shall make a monthly statement to the Board of
Aldermen to report the number of licenses issued by the City Collector
during the preceding month, for what purpose issued, and the amount
of license fees collected. The City Collector shall in no case issue
a license until the fees due upon such license have been paid.
D. All licenses authorized by this Article shall be signed by the Mayor
and City Clerk and countersigned by the City Collector. The City Clerk
shall affix thereto the Corporate Seal of the City. Each such license
shall be in substantially the following form:
STATE OF MISSOURI
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COUNTY OF LEWIS
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CITY OF CANTON
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THE CITY OF CANTON, MISSOURI, TO ALL PERSONS WHO SHALL SEE THESE
PRESENTS, GREETING:
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_______________, having on the __________ day of __________,
20___, paid to the City Collector of the City of Canton, Missouri,
the sum of $__________, being the amount of the license fee levied
upon the licensed business, having complied otherwise with the provisions
of the ordinance of said City, empowering the licensed occupation
within the City of Canton from the __________ day of __________, 20___,
to the __________ day of __________, 20___.
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IN WITNESS WHEREOF, the duly elected and serving Mayor of the
City of Canton, the duly appointed City Clerk of the City of Canton,
and the duly appointed City Collector of the City of Canton, Missouri,
have hereunto set their hands and affixed the Corporate Seal of said
City at the City Office this __________ day of __________, 20___.
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__________
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__________
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Mayor
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City Clerk
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__________
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City Collector
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[Ord. No. 797-C, 9-18-2017]
A. Each license granted by the City shall be carefully preserved and
be displayed in a conspicuous place in the place of business of the
licensee authorized to be conducted by such licensee; or, if there
is no fixed place of business, then the license shall be carried on
the person of the licensee at all times while the licensee is transacting
business thereunder, and shall be displayed by the licensee upon request,
or to any Police Officer within the City.
B. Any licensee under this Article desiring for any person to obtain
a copy of the license issued to such licensee may obtain such copy
from the City Collector upon payment of the sum of five dollars ($5.00).
[Ord. No. 797-C, 9-18-2017]
A. All licenses issued by the City shall be deemed to be a personal
privilege and shall be revocable at any time by the Board of Aldermen
upon satisfactory proof that the licensee has committed any one (1)
of the following acts:
1.
Failure to pay any currently due and payable municipal, County
or State taxes, including any unpaid and delinquent taxes for any
year not barred by the Statute of Limitations.
2.
Violated any ordinance of the City of Canton, Missouri.
3.
Violated any Federal or State Statute relating to the business
or acts done under such license.
4.
The licensee has been misrepresenting the goods or services
sold or offered for sale in the City.
5.
The licensee has been practicing any fraud upon the public.
6.
The licensee has been selling for food for animals or human
beings any unwholesome or unfit substances.
7.
The licensee has been conducting a business not covered by the
license issued by the City or has been conducting any unlawful place
of business or has been conducting any place of business dangerous
to public health or safety or detrimental to public morals.
B. If any license is terminated by revocation, death of the licensee,
bankruptcy of the licensee, or for any other reason, all fees or taxes
paid to the City therefor shall be forfeited to the use of the City.
C. No person or entity whose license has been revoked by the Board of
Aldermen shall thereafter be entitled to engage in the business or
do the acts for which such license was issued in the City, unless
the Board of Aldermen, for good cause shown, removes such disqualification.
[Ord. No. 797-C, 9-18-2017]
A. Every person, firm, corporation or other entity obtaining an occupational
license from the City of Canton, Missouri, shall provide proof to
the City that all structures, whether owned by the applicant for the
license or by a third party, where the business is operating are covered
by fire, windstorm and extended coverage insurance in an amount not
less than fifty thousand dollars ($50,000.00).
B. The following information shall be provided to the City at the time
the application for an occupational license is applied for:
1.
Name of the insurance company and name and address of the agent
that processed the policy.
4.
As an alternative to (B)(1), (B)(2) and (B)(3) above, the applicant
may provide a current copy of the fire, windstorm and extended coverage
policy.
C. As part of the licensee's obligation to hold an occupational license
in the City, the licensee shall inform the City of any change in policy
for a particular property or business or cancellation of a policy
for said property or business within ten (10) days of said change
or cancellation. Failure to do so will result in revocation of the
occupational license.
D. Any insured loss that shall occur shall be subject to the procedures for damage to buildings in the City of Canton arising out of fire, explosion or other casualty as set forth in Section
505.080(A)(8),
(A)(9),
(A)(10),
(A)(11), and
(A)(12) of the Municipal Code of the City of Canton, Missouri.
[Ord. No. 797-C, 9-18-2017]
A. Any person convicted of a violation of this Article shall be subject to the penalty as set forth in Section
100.220 of the Municipal Code of the City of Canton, Missouri.
1.
Any person deemed to be violating the terms and conditions of
this Article shall be given notice by the City Clerk of the City of
Canton, Missouri, of the violation, and the person so notified shall
have fifteen (15) days from the date of the mailing by certified mail
to the license holder who is violating the terms of this Article.
2.
After the expiration of the fifteen (15) day notice period, if the licensee has not corrected the violation then a complaint will be filed in the Circuit Court of Lewis County, Municipal Division at Canton, for violation of this Article, subject to the penalties set forth in Section
100.220 of the Municipal Code of the City of Canton, Missouri.