Missouri
|
City of Clarkson Valley Missouri |
|
Cross References-Permits for trash collection and disposal, §225.130 et seq.; state motor vehicle license plates required, §385.050; state driver's license required for operation of motor vehicles, §385.020; sewer plant and system permit, §235.120; peddlers, solicitors and hawkers, ch. 610; alarm systems, ch. 615; signboards, ch. 505; cable television franchising regulations, ch. 620.
No business, commerce, occupation or activity shall be conducted, engaged in or operated in the City except as authorized, licensed or provided in this Title. (CC 1990 §9-1; Code 1977 §14.010)
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 Or More Operations At One 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 (2nd) activity so as to render the second (2nd) 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 Or More Persons In One 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 (1st) 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. (CC 1990 §9-91; Ord. No. 97-05 §1, 3-4-97)
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. (CC 1990 §9-92; Ord. No. 97-05 §1, 3-4-97)
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);
c. State sales tax number;
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:
a. Date of fiscal year;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. (CC 1990 §9-93; Ord. No. 97-05 §1, 3-4-97)
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. (CC 1990 §§9-76, 9-94; Code 1977 §14.040; Ord. No. 97-05 §1, 3-4-97)
A. 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 a business license. Upon conviction of violating this Section, a principal shall be fined no less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day of such violation shall constitute a separate offense.
B. Liability Of Employees. After notice by the City Clerk to any clerk, employee, or agent of a business, occupation, trade or merchant that a principal thereof has not procured a business license, it shall be unlawful for such clerk, employee or agent to conduct or assist in conducting that business, occupation, trade or merchant. Upon conviction for violating this Section, such clerk, employee or agent shall be fined no less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00). Each day of such violation shall constitute a separate offense. (CC 1990 §9-95; Ord. No. 97-05 §1, 3-4-97)
A business license is not transferable or assignable. (CC 1990 §9-96; Ord. No. 97-05 §1, 3-4-97)
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. (CC 1990 §§9-97-9-98; Ord. No. 97-05 §1, 3-4-97)
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. (CC 1990 §9-99; Ord. No. 97-05 §1, 3-4-97)
A. Any person shall apply to the Director before retaining the services of a private watchman. The application shall state the name of the person responsible for hiring and maintaining the services of such watchman, the area and/or objects to be taken into the care and custody of, or to be guarded by the watchman, and the hours, days or period of time the watchman is to be on duty. Application and permission to serve as a private watchman does not in any manner confer an official status in the City, or make such person a member of or auxiliary to the Department of Public Safety, or in any way oblige the City to pay compensation.
B. A person tentatively retained shall file an application for a permit for service as a private watchman with the Director and shall answer all oral or written questions put to him/her by the Director. He/she shall cooperate with and permit any investigation of his/her former employment, character, associations and authorize inquiries and answers on any governmental service in which he/she might have been engaged.
C. No private watchman within the City shall be armed with a firearm of any type unless the Board of Aldermen shall authorize and issue a permit to carry firearms by resolution specifying the name of the watchman. In cases in which the Director of Public Safety fails to recommend the issuance of a permit, the entire Board of Aldermen must be present and vote unanimously in favor of the firearm resolution. A private watchman shall be authorized to carry a nightstick or club while on duty under a City watchman's permit. It shall be a violation of this Section for a private watchman, without a permit, to transport in a vehicle, or to have in his/her possession, or to carry a firearm, or for any other person in any manner to make a firearm immediately available to a private watchman.
D. The person within the City who acted in hiring the watchman shall notify the Director immediately upon the discharge of a watchman under permit.
E. No person shall serve as a watchman after notice of revocation or withdrawal of his/her permit has been sent to the residential address shown on his/her permit. It shall be an offense against this Section to be a watchman without a valid and properly issued permit. (CC 1990 §9-196; Code 1977 §7.120)