It shall be unlawful for any person, firm or
corporation to engage in any business or occupation in the City of
Salisbury 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.
[CC 1996 § 605.230; Ord. No. 381 §§ 1 — 17, 1-15-1980]
A. It is hereby provided that the various trades, callings,
professions, occupations, privileges, vocations, businesses and places
of business hereinafter mentioned, pursued, conducted, carried on,
operated, engaged in or dealt in within the City of Salisbury, Missouri,
shall be licensed, taxed and regulated as hereinafter provided in
this Chapter.
B. It shall be unlawful for any person, firm, partnership,
association, or corporation to either directly or indirectly exercise,
carry on, or engage in any occupation, profession, trade, business
or agency whatsoever within the City limits of Salisbury, Missouri,
without first having obtained a license therefor, unless said occupation,
profession, trade, business or agency is declared by the State of
Missouri or the United States to be exempt from this form of taxation.
1.
For purposes of this Chapter, any person, firm,
partnership, association or corporation shall be deemed to be engaged
in business and thus subject to the licensing requirement herein imposed
whenever any of the following conduct is engaged in:
a.
Offering or selling any goods or services.
b.
Soliciting business or offering goods or services
for sale or hire.
c.
Acquiring or using any vehicle or any premises
in the City for business or sales purposes.
C. There is hereby levied and the City Collector shall
collect a license tax from any person, firm, partnership, association
or corporation which engages within the City of Salisbury as hereinbefore
provided, as follows:
1.
Banks: one hundred dollars ($100.00).
2.
Businesses: twenty-five dollars ($25.00).
3.
Companies: fifty dollars ($50.00).
D. Every person, firm, partnership, association or corporation
required to obtain a license under the provisions of this Chapter
shall submit a written application for such license to the City Clerk.
The application shall be a written statement on forms provided by
the City Clerk and shall be accompanied by the full amount of the
fees chargeable herein for such license.
1.
Such application shall include the following
information:
a.
Intended location of business;
c.
Criminal convictions of applicant;
d.
Business license history of applicant;
e.
General personal history of applicant.
2.
The paramount authority for approval or rejection
of any application filed herein shall be vested in the Board of Aldermen
of the City of Salisbury, Missouri.
E. It shall be the duty of the City Collector to collect
all fees for licenses to be issued pursuant to this Chapter and to
keep accurate records regarding same to reflect all licenses issued,
to whom issued, nature of business, term for which issued, and amount
paid for same.
F. It shall be the further duty of the City Collector
to report to the Chief of Police and City Attorney any violations
of this Chapter which may come to his/her attention.
G. Every business to whom a license is issued under this
Chapter shall keep the same conspicuously posted in his/her place
of business; further, any person operating a business hereunder shall
exhibit said license to any City Official, employee or agent upon
reasonable demand therefor.
H. No license required by this Chapter shall be issued
until the amount of the license tax prescribed therefor shall be paid
to the City Collector or his/her authorized agent, and no such license
shall, in any case, be assigned or transferred, and no license issued
shall be held to authorize the conduct of the designated occupation
at more than one (1) location in the City at the same time.
I. The payment by any person of any license tax required
by this Chapter shall not authorize such person to engage in the agency
for which a license is required by this Chapter or any other ordinance
of the City without having first procured and paid for a license for
such other business, occupation, profession, trade or agency unless
expressly permitted so to do by the terms of this Chapter or some
other ordinance of the City.
J. It shall be the duty of each Police Officer of this
City to assist and aid in the enforcement of this Chapter. Further,
any such Police Officer shall have the authority to enter any place
wherein any business required to be licensed herein under the provisions
of this Chapter is being carried on or conducted so as to ascertain
whether this or any other City ordinance is being violated.
K. All licenses issued by the City shall be deemed to
be mere personal privileges and shall not be transferable or assignable
without the consent of the Board of Aldermen. All licenses are revocable
at any time by the Board of Aldermen upon satisfactory proof that
the licensee has violated any of the provisions of the City or any
of the Federal or State Statutes relating to the business or acts
done under such license, or that the licensee has been misrepresenting his/her
goods and services sold or offered for sale in the City, or has been
practicing any fraud upon the public, or has been selling for food
for animals or human beings any unwholesome or unfit substance, or
shall conduct a business not covered by his/her license, or has been
conducting any immoral or disorderly place of business, or has been
conducting any place or business dangerous to public health or safety
or detrimental to public morals. If any license be terminated by revocation,
death of licensee or other cause, all fees or taxes paid the City
therefor shall be forfeited to the use of the City. No person whose
license has been revoked by the Board of Aldermen shall hereafter
be entitled to engage in the business or do the acts for which said
license was issued in the City unless the Board of Aldermen, for good
cause shown, removes such disqualification.
L. All annual licenses hereafter issued by the Board
of Aldermen or by the City Collector pursuant to this Chapter shall
expire on December 31 following the issuance thereof. Of the license
tax or fee to be paid for any such license, the applicant shall pay
as many twelfths as there are calendar months [part of a month shall
be counted as one (1) month] remaining from the date of the license
to the next succeeding December 31.
M. Prosecution and proceedings in the Salisbury Municipal
Division of the Chariton County Court for violation of the provisions
of this Chapter may be had as in cases of violations of other ordinances
of said City, but no such prosecution in the Municipal Division shall
be a bar to a suit by said City at the relation of the City Collector
in any court of competent jurisdiction for collection of any such
license tax due said City under the provisions of this Chapter as
a debt.
N. Where any person is prohibited from conducting, engaging
in or carrying on any business, trade, calling, privilege, vocation
or profession without paying the license tax therefor as herein provided,
it shall be unlawful for any servant, agent, officer or employee of
such person to conduct, engage in, or carry on, or aid in conducting,
engaging in, or carrying on such business, trade, calling, privilege,
vocation, or profession or any part thereof for which the required
license has not first been paid.
O. For purposes of this Chapter, wherever the word "business"
shall appear herein, it shall be construed to mean and include "profession,"
"occupation," "trade," "agency," "calling," "vocation."
P. No license to engage in a particular business requiring
a license shall permit the conducting of such business at more than
one (1) stand, store or place, which must be connected and under one
(1) roof. Whenever any person shall conduct any business requiring
a license at two (2) or more stands, stores, or places which are not
connected the one (1) with the other and which are not under one (1)
roof, such person shall obtain a separate license for each such stand,
store or place at which such business is conducted.
Q. Any person who shall violate any provision of this Chapter shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished by a fine as set out in Section
100.220 of this Code, and each day of engaging in, conducting or carrying on any business, trade, vocation, occupation, calling or privilege without first paying the license tax therefor and obtaining a license therefor shall be considered and taken as a separate offense.
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 person to another or from the kind
of business or occupation originally licensed to another type of business
or occupation.
The term of the licenses issued pursuant to
the provisions of this Chapter shall be from January 1 to December
31 of the same year. In the event any licensee hereunder shall commence
business on or after July 1, the City Clerk shall issue such license
at the rate of one-half (1/2) of the license fee for such six-month
period of July 1 to December 31 or fraction thereof.
All applications for renewal of a license provided
for herein shall be filed no later than December 1 of each year.
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.