[Ord. No. 4297, 1-26-2023]
As used in this Chapter, the following terms shall have the meanings indicated:
BUSINESS
Any person, corporation, partnership, or lessee thereof engaged in any business, occupation, pursuit, profession, or trade, including all those listed in Section 94.270, RSMo., and including the selling, at wholesale or retail, of any goods, wares, merchandise, or personal property of any description or the rending of any service in connection therewith, at any store, stand, or place within the City, and including the business of operating a shopping center or in the keeping or maintaining of any institution, establishment, articles, utility, or commodities specified in this Chapter or in any ordinance of the City, within the City; except as may be otherwise provided herein.
LICENSE YEAR
A period of twelve (12) months beginning on July 1 in each year and ending on June 30 the following year.
[Ord. No. 4297, 1-26-2023]
Excepting those professions, businesses, or occupations listed in Section 71.620, RSMo., no Business shall do or offer to do business in the City without first having made application for, procured, and paid for a business license to do so as required herein; provided, however, that vendors and service providers doing occasional business with residents of the City or the City government shall not be required to apply for and procure a license unless such vendor or service provider maintains a business office within the City. A separate license shall be obtained for each store, stand, or place of business conducted by every Business. No license shall be transferred or assigned.
[Ord. No. 4297, 1-26-2023]
No license shall be issued to any Business until all financial obligations, including sales taxes, other license fees, permit fees, or inspection fees, required to have been paid by such Business to the City have been paid. Additionally, no license shall be issued to any Business until the State of Missouri has confirmed that a retail sales license (if required) has been obtained by the Business and that no tax is due pursuant to the provisions of Section 144.083, RSMo.
[Ord. No. 4297, 1-26-2023]
All licenses and applications for licenses shall be in such form as may be prescribed by the City Clerk. Applications shall be made to the City Clerk and shall be signed by the Business making the application. No license shall be valid for any purpose unless it has been signed by the City Clerk and shall have the Corporate Seal of the City affixed thereto. Each such license shall be subject to the provisions contained in this Chapter and other ordinances of the City regulating Businesses and occupations.
[Ord. No. 4297, 1-26-2023]
A. 
Application. Any person desiring to obtain a license to open, carry on, or conduct business shall make an application to the City Clerk on forms provided by the City. Upon receipt of said application, the City Clerk shall refer the same to the Chief of Police and Community Development Director for investigation as to the effect of such Business upon the safety, health, and welfare of the inhabitants of the City. The Community Development Director shall also determine if an occupancy permit, if required, has been issued in accordance with other ordinances of the City.
B. 
Approval Or Denial. After receiving the reports of any official to whom the application was referred, the City Clerk may issue the license in accordance with the terms and subject to the conditions of this Chapter provided that the granting of the license would not adversely affect the safety, health, and welfare of the inhabitants of the City and the applicant has satisfied the qualifications set forth below in Subsection (C). In the event the City Clerk finds the applicant does not meet the qualifications for issuance, the City Clerk shall deny the applicant a business license and within five (5) business days thereof give written notice of the denial to applicant.
C. 
Qualifications. In order to be qualified to receive a business license, the applicant must meet the following eligibility qualifications:
1. 
The application is free from any fraud, misrepresentation, or false statement;
2. 
The applicant and the premises in which the licensed business will be conducted are in compliance with all provisions of this Chapter and the entire City Code (including the zoning and building codes);
3. 
The applicant has all necessary licenses, certifications, permits, or other applicable authorization required by Federal, State, County, or City laws or regulations, including, but not limited to, a Missouri retail sales license; and
4. 
The applicant is not in arrears for any City taxes or license fees.
D. 
Appeals. Any denial of a license may be appealed in accordance with the procedures for revocation of a license hereunder.
E. 
Prior Issuance Creates No Right To License Approval. The issuance of a license for any License Year does not create an automatic right for approval of a license for a subsequent License Year. Each Business must obtain a new license each License Year in accordance with the requirements of this Chapter and shall be reviewed for compliance with the provisions of this Code.
[Ord. No. 4297, 1-26-2023]
Each license granted by the City shall be carefully preserved and shall be displayed in a conspicuous place in the place of Business authorized to be conducted by such license.
[Ord. No. 4297, 1-26-2023]
A. 
Reasons. Any license issued by the City under the provisions of this Chapter may be revoked for any of the following reasons, in addition to any other reason specified in this Chapter:
1. 
Any failure to comply with, or any violation of any provisions of this Chapter by any licensee.
2. 
Violation of the terms and conditions upon which the license was issued.
3. 
Violation of any ordinance of the City regulating the business, activity, or thing licensed.
4. 
Failure of the licensee to pay any tax or 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.
7. 
Causing, maintaining, or assisting in the cause or maintenance of a nuisance, whether public or private. For the purpose of this Chapter, a "nuisance" is defined as follows: anything done to the annoyance or hurt of the lands, tenements, or hereditaments of another. By hurt or annoyance, there is meant not a physical injury necessarily, but an injury to the health, comfort, or welfare of the owner or possessor of the property as respects his/her possession or enjoyment of his/her property.
Revocation of any license shall be in addition to any other penalty or penalties prescribed in this Code or other City ordinances.
B. 
Procedure. In any case in which a complaint shall be made to the Board that cause exists for the revocation of a license issued under the provisions of this Chapter, the following procedure shall govern:
1. 
The Board shall set a contested-case hearing to consider the question of revocation.
2. 
At least ten (10) calendar days prior to such hearing, written notice shall be mailed by certified mail to the licensee at his/her 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 license.
3. 
During the pendency of the hearing before the Board, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board, the Board shall hear all relevant evidence justifying the revocation of the license and all relevant evidence justifying the retention of the license. The hearing shall provide a record of the proceedings (by audio, video, stenographic, or other reliable means of recording capable of transcription) and shall permit the parties to introduce evidence under oath, and shall provide for cross examination, when requested. The formal hearing requirements herein shall be deemed waived if not affirmatively requested by licensee.
5. 
The affirmative vote of a majority of a quorum of the Board shall be necessary to revoke any license. The Board shall adopt written findings of facts and conclusions of law supporting any such decision.
[Ord. No. 4297, 1-26-2023]
A. 
Every Merchant in the City is required to pay a fifty dollar ($50.00) license fee, except as provided for in this Chapter or any other ordinance of the City. The license fee is to partly cover the City's anticipated expenses incurred in processing the application, including, but not limited to, administrative and clerical costs, software costs, and other investigations and searches deemed necessary by the City in processing the application. The license fee shall be collected at the time of the application submittal and as follows:
1. 
New Businesses (opening July 1 or later of any License Year). The application for a business license shall be contained within the Occupancy Permit application. No fee for a new Business license application will be collected until an application is made for the following License Year. While a Business will need a new license for a name or ownership change, if the Business is operating in the same manner except for the change of ownership or name, this exception for no fee shall not apply and a fifty dollar ($50.00) fee as specified below shall apply.
2. 
Subsequent License Year Business License. By May 30 of each year, any Business that had a business license a previous License Year and seeking a business license for the upcoming License Year shall make an application to the City and pay at the time of such application a license fee of fifty dollars ($50.00).
[Ord. No. 4297, 1-26-2023]
The provisions of this Chapter shall not be construed to authorize any Business to sell intoxicating liquor, beer, or malt liquor, and the same shall only be lawful or authorized if sold, commenced, or operated in conformity with applicable laws of the State and ordinances of the City relating to such sales.
[Ord. No. 4297, 1-26-2023]
Any act or duty required or authorized to be performed under the provisions of this Chapter by any officer or agency of the City may be performed by any duly authorized agent or deputy of such officer or agency.
[Ord. No. 4297, 1-26-2023]
Any act or duty required or authorized to be performed under the provisions of this Chapter by any corporation shall, in addition, be the responsibility of the president of such corporation and of any other person duly authorized by such corporation to perform such act or duty; and such president or other authorized person shall be personally subject to all the penalties provided for the violation of such applicable provisions of this Chapter as may relate to such acts or duties.
[Ord. No. 4297, 1-26-2023]
Except as herein provided, the provisions of this Chapter shall not be applicable to any non-profit organization, association, or establishment nor to any business, occupation, pursuit, profession, or trade which the City may be prohibited by law from licensing or regulating within a commercial area.
[Ord. No. 4297, 1-26-2023]
A. 
To the extent allowed by law, the City Clerk shall add the following penalties for all license fees paid after the annual due date for license fees as set out in Section 603.080:
1. 
For failure to timely apply for license and/or submit the required statement pursuant to Section 603.080, unless it is shown that the failure was due to reasonable cause and not the result of willful neglect, evasion, or fraudulent intent:
a. 
One (1) month or less delinquent: five percent (5%) of fee.
b. 
Between one (1) month and one (1) day and two (2) months delinquent: ten percent (10%) of fee.
c. 
Between two (2) months and one (1) day and three (3) months delinquent: fifteen percent (15%) of fee.
d. 
Between three (3) months and one (1) day and four (4) months delinquent: twenty percent (20%) of fee.
e. 
More than four (4) months delinquent: twenty-five percent (25%) of fee.
B. 
To the extent allowed by law, any person who shall exercise or attempt to exercise, or engage in or carry on in the City any Business for which a license is required under this Chapter, without first having paid the license fee and obtained the license required under this Chapter, and any person who shall otherwise violate or fail to comply with any of the provisions of this Chapter shall upon conviction be subject to punishment as provided in Section 100.120 of this Code.
C. 
To the extent allowed by law, any person who shall make or file with the City Clerk any statement, under oath, required by this Chapter, which is false, shall on conviction thereof forfeit any license based upon such false statement and shall be punished as provided in Section 100.120 of this Code.
[Ord. No. 4297, 1-26-2023]
It shall be the duty of the City Clerk to carefully examine all statements filed with him/her, and to notify the Prosecuting Attorney of, and to prosecute, all violations of this Chapter. Before instituting any prosecution based upon a false or incorrect statement filed with him/her, the City Clerk shall give the person making such statement an opportunity to explain and correct the statement, if inadvertently made. It shall also be the duty of the City Clerk to enforce collection of any and all amounts past due for license fees under this Chapter by suit in any court of competent jurisdiction, together with the applicable Statutory interest (at a rate equal to the adjusted prime rate charged by banks, rounded to the nearest percent, which shall become effective January 1 of each succeeding year), penalty, and reasonable attorneys' fees for prosecuting such suit.