[R.O. 2001 § 605.020; CC 1990 § 9-91; Ord. No. 97-05 § 1, 3-4-1997]
A. Generally. No merchant, business, occupation or trade may operate
within the City without a valid business license issued pursuant to
this Chapter for the current license year unless expressly exempted
by this Code or by State Statute. A separate license must be obtained
for each merchant, business, occupation or trade required by this
Chapter to be licensed. A business license shall not be construed
to permit the business, occupation, trade or merchant to which the
license is issued to conduct operations at more than one (1) store,
office, plant or location at the same time within the City. A merchant,
business, occupation or trade which operates at more than one (1)
location is required to obtain a business license for each location.
A business license properly issued shall remain valid only so long
as the holder thereof is not in violation of any other Section of
this Code.
B. Licenses For Two (2) Or More Operations At One (1) Location —
Mixed Uses. A merchant, business, occupation or trade conducting two
(2) or more different operations at the same location shall not be
required to obtain a separate license for each such operation. However,
the license application shall specify each such operation to be covered
by the license. The license fee shall be equal to the sum of all the
fees for each operation so licensed. If the City Clerk finds that
a single licensee's business activity in the City is mixed, but that
one (1) type of activity so predominates a second activity so as to
render the second activity merely incidental, the City Clerk, in his/her
discretion, may characterize the licensee in accordance with the predominant
activity.
C. Single License To Two (2) Or More Persons In One (1) Business. A
single license may be issued to two (2) or more persons, corporations,
partnerships, or other forms of business enterprise engaged in a joint
enterprise or joint venture for the same fee that would be charged
a single person, corporation, partnership, or other forms of business
enterprise engaging in such an enterprise or venture.
D. No Outstanding Obligations To City. No business license shall be
issued to any merchant, business, operation or trade until all of
its financial obligations to the City have been paid. Financial obligations
include, but are not limited to, taxes, other license fees, permit
fees or inspection fees which are required to be paid by such merchant,
business, operation or trade to the City.
E. Appeals. Appeals from any determination of the City Clerk shall be
made in the first instance to the City Clerk with evidence that the
City Clerk's initial determination was incorrect, and then to the
Board of Aldermen.
F. Display. Each licensee shall display his/her or its City business
license in a conspicuous place at the location of operations authorized
to be conducted by such license.
[R.O. 2001 § 605.030; CC 1990 § 9-92; Ord. No. 97-05 § 1, 3-4-1997]
A. The provisions of this Chapter shall not apply to any merchant, business,
occupation or trade which the City is prohibited from licensing or
regulating by State Statute or other superseding law.
B. The provisions of this Chapter shall not apply to any non-profit
corporations organized or authorized to do business in the State under
the provision of Chapter 352, RSMo. (Religious and Charitable Associations).
C. A business license is not required for delivery within the City of
goods purchased or acquired outside the City where there is no intent
to evade the provisions of this Chapter.
[R.O. 2001 § 605.040; CC 1990 § 9-93; Ord. No. 97-05 § 1, 3-4-1997]
A. Application Must Be Completed And Submitted By Authorized Representative
Of Business. Each merchant, business, operation or trade applying
for a business license must complete and submit to the City Clerk
an application therefor. Each application must be signed by an authorized
representative of the merchant, business, operation or trade applying
for a license. The authorized representative must certify under oath
that the information supplied on the application form is true and
correct and sign the application.
B. Application Forms To Be Provided By City. Application forms for business
licenses shall be prepared or prescribed by the City Clerk or his/her
designee and shall be made available by the City Clerk or his/her
designee. Failure to obtain or receive an application form shall not,
under any circumstances, excuse compliance with this Chapter.
C. Information Required. The application for a business license shall
call for the following:
1.
General information required on all applications:
a.
Name of establishment (and any other names used in the course
of business);
b.
Address of establishment (City address and home office address,
if applicable);
d.
Characterization by licensee of business as merchant, business,
occupation or trade;
e.
Description of business activity;
f.
Form of ownership (e.g., sole proprietorship, partnership, joint
venture, corporation);
g.
If corporation, where incorporated and whether licensed to do
business in Missouri; and
h.
Date of last completed fiscal year as established and used for
Federal income tax purposes.
2.
Information Required On All Merchant Applications. In addition
to the information required above, merchants shall supply the following
information pertaining to their annual gross receipts:
b.
Statement as to whether information is actual or estimated;
and
c.
Identification of sources of annual gross receipts of merchants
as defined herein.
D. License Application And Fee — When Due.
1.
New Businesses. All merchants, businesses, occupations and trades
which commence operations after the start of a City fiscal year must
apply for a business license and pay the appropriate license fee before
commencing operations. The license fee shall be prorated for the remainder
of that City fiscal year.
2.
Business License Renewal. Every merchant, business, occupation
and trade which is licensed and intends to operate during the next
City fiscal year shall renew its business license and pay the appropriate
license fee within thirty (30) days before the beginning of the next
City fiscal year. Application for renewal of a business license shall
be on the same form used for initial applications for business licenses.
Applications for renewal must be accompanied by the fee required for
the license.
E. Termination Of Business During City Fiscal Year. Merchants, businesses,
occupations and trades that terminate operations prior to the end
of a City fiscal year are not entitled to a refund of any part of
their license fee.
F. Amendment Of Business License Application. If, during the period
for which a license is issued pursuant to this Chapter, there is any
change of information from that set forth in the original application
or any renewal application, then written notice of the change in information
must be given to the license official within ten (10) days after such
change.
G. Documentation. The licensee or applicant shall furnish documentation
of information supplied on the license application upon request by
the license official.
H. Evidence Of Workers' Compensation Insurance. If the licensee or applicant
is subject to the provisions of Chapter 287, RSMo., the licensee or
applicant shall furnish evidence of Workers' Compensation insurance.
I. 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 § 605.050; CC 1990 §§ 9-76,
9-94; Code 1977 § 14.040; Ord. No. 97-05 § 1, 3-4-1997]
A. Except as stated in Subsections
(B) and
(C) hereof, the fee for a business license shall be seventy-five dollars ($75.00) per annum.
B. The license for public exhibitions, circuses and any other public
performance, whether for compensation or not, shall be one hundred
dollars ($100.00) per day, issued daily.
C. Home occupations as defined in the City's Zoning Code shall pay a
fee of twenty-five dollars ($25.00) per annum.
[R.O. 2001 § 605.060; CC 1990 § 9-95; Ord. No. 97-05 § 1, 3-4-1997]
Liability Of Principals. It shall be unlawful for any principal to conduct or assist in conducting a business, occupation, trade, merchant within the City without having first procured or renewed a business license. Upon conviction of violating this Section, a principal shall be fined as set forth in Section
100.220 of this Code. Each day of such violation shall constitute 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.
[R.O. 2001 § 605.080; CC 1990 §§ 9-97
– 9-98; Ord. No. 97-05 § 1, 3-4-1997]
A. Basis For Revocation. Revocation of any business license shall be
in addition to any other penalty or penalties prescribed in this Chapter.
Any business license issued by the City under this Chapter may be
revoked for any of the following reasons, in addition to any other
reasons specified in this Chapter:
1.
Any failure to comply with, or any violation of, any provisions
of this Chapter by the licensee;
2.
Violation of the terms and conditions upon which the business
license was issued;
3.
Violation of any ordinance of the City;
4.
Failure of the licensee to pay any tax or other financial obligation
due to the City;
5.
Illegal or improper issuance of the license;
6.
Any misrepresentation or false statement in the application
for such license; or
7.
Causing, maintaining or assisting in the cause or maintenance
of a nuisance, whether public or private.
B. Procedure. In any case in which complaint shall be made to the Board
of Aldermen that cause exists for the revocation of a business license
issued under the provisions of this Chapter, the following procedure
shall govern:
1.
The Board of Aldermen shall set a hearing to consider the question
of revocation;
2.
At least ten (10) days prior to such hearing, written notice
shall be mailed to the licensee at his/her or its last known address
as shown in the records of the City Clerk advising the licensee of
the time and place of the hearing and of the reason for considering
the revocation of his/her or its 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
or its business, unless prohibited by an order of a court of proper
jurisdiction;
4.
At the hearing set by the Board of Aldermen, the Board shall
hear all relevant evidence justifying the revocation of the business
license and all relevant evidence justifying the retention of the
business license; and
5.
The affirmative vote of a majority of the Board of Aldermen
shall be necessary to revoke a business license.
[R.O. 2001 § 605.090; CC 1990 § 9-99; Ord. No. 97-05 § 1, 3-4-1997]
The City Clerk, 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 as
described in Section 610.021(15), RSMo., shall be kept confidential
in compliance with Section 610.021, RSMo., 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.