It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the Village of Sunrise Beach without having first applied for and obtained a license to conduct such business or occupation from the Village Clerk and without paying the license fee therefor, all as provided for in this Chapter.
A.
All applications for the licenses required herein shall be made to the Village Clerk on appropriate forms provided for that purpose by the Village. All licenses issued by the Village Clerk shall be in such form as is provided by the Board of Trustees; provided however, that such license shall bear the signature of the Chairman of the Board of Trustees and the Village Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Trustees.
B.
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 Village 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.
(RESERVED)
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 Village, said licensee shall submit a statement of the fact of such change to the Village 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 Village 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 Village 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.
A.
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this Village shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this Village shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the Village of Sunrise Beach.
A.
Any license issued by the Village pursuant to the provisions of this Chapter may be revoked by the Board of Trustees 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 Village regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee; or
2.
Violation of the terms and conditions upon which the license was issued; or
3.
Failure of the licensee to pay any tax or obligation due to the Village; or
4.
Any misrepresentation or false statement in the application for a license required herein; or
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.
A.
In any case in which a complaint has been made to the Board of Trustees, or in which the Board of Trustees has on its 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 Trustees 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 Village 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 Trustees, the licensee shall be permitted to continue the operation of his/her business.
4.
At the hearing set by the Board of Trustees, the Board of Trustees 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 Trustees shall vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Trustees shall be necessary to revoke any license.
A.
All license fees not paid to the Village by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
B.
In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
C.
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The Village shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the Village assesses a penalty under this Subsection.
[Ord. No. 32-A, 1-14-2013]
A.
That effective upon the adoption of this Article no merchant's license shall be issued by the Village of Sunrise Beach to any applicant whose property is found to be in violation of the Sunrise Beach Zoning and Subdivision Regulations.
B.
Prior to accepting an application for a merchant's license for filing, the Village Clerk shall refer the same to the Village Planning and Zoning Administrator for verification that the premises proposed to be licensed are suitably zoned for the use or uses proposed by the applicant.
C.
In the event that the Village Planning and Zoning Administrator determines that the premises are not suitably zoned for the use or uses proposed by the applicant, he/she shall notify the Village Clerk, who shall thereafter place the application on the next regular agenda for the meeting of the Village Board of Trustees for determination as to whether the application may be granted.
[Ord. No. 32-A, 1-14-2013]
A.
That effective upon the adoption of this Article no merchant's license shall be issued by the Village of Sunrise Beach to any applicant whose property is found to be in violation of the Sunrise Beach Water and Sewer Ordinances.[1]
B.
Prior to accepting an application for a merchant's license for filing, the Village Clerk shall refer the same to the Village Public Works Department for verification that the premises proposed to be licensed are in compliance with the Ordinances of the Village of Sunrise Beach regarding the provision of water and/or sewer utility service.
C.
In the event that the Village Public Works Department determines that the premises are not in compliance with the Ordinances of the Village of Sunrise Beach regarding the provision of water and/or sewer utility service, he/she shall notify the Village Clerk, who shall thereafter place the application on the next regular agenda for the meeting of the Village Board of Trustees for determination as to whether the application may be granted.