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Chapter 605

BUSINESS REGULATIONS

ARTICLE I

Workers’ Compensation

Section 605.010. Construal of Provisions. [Ord. No. 271 §2, 5-24-1994]

Nothing in this Article shall be construed to create or constitute a liability to or cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide evidence of workers’ compensation coverage.

Section 605.020. Duties of City Clerk. [Ord. No. 271 §3, 5-24-1994]

The City Clerk is directed to receive evidence of a current workers’ compensation insurance policy from every applicant desiring a business license if his or her business is required to have workers’ compensation insurance pursuant to the Missouri Statutes.

Section 605.030. (Reserved)

ARTICLE II

Licensing Requirements

Section 605.040. Purpose. [Ord. No. 385, 2009]

The purpose of this Article is to update the business permit ordinances of the City of Laddonia, Missouri, to conform to recent changes in the Missouri Revised Statutes.

Section 605.050. General Provisions. [Ord. No. 385, 2009]

A. Failure To Obtain Any Required License Or Permit. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise or to use, in connection therewith, any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by this Article or by other ordinance without the license or permit so required having been first procured and thereafter kept in effect at all such times as required by this Article or other ordinance.1

B. When A Person Deemed In Business Or Engaging In Nonprofit Enterprise. Except as may be provided otherwise by this Article, a person shall be deemed to be in business or engaging in a nonprofit enterprise within the meaning of Subsection (A) when he/she does one (1) act of:2

1. Selling any goods or service where total sales for each City business year are realistically expected to be more than six thousand dollars ($6,000.00) per year. Soliciting business or offering goods or service for sale or hire. Using any vehicle or any premises in the City for business purposes.

2. This is for determining if a City license is required. This does not exempt anyone from collecting and paying all appropriate sales taxes as required by the State.

C. Determination Of Activities Requiring License. Except as may be provided otherwise by this Article, the City Clerk shall make the determination of whether or not any particular business activity, occupation, vocation or service shall be embraced within the provisions of this Article. Such determination shall be reasonably made, based upon the generally accepted concept of each such activity, occupation, vocation or service and with regard for the intention of the General Assembly in the enactment of Section 94.110, RSMo., and other applicable sections of the Revised Statutes of Missouri.3

D. Responsibility Of Representatives Of Nonresidents. The local agents or other representatives of nonresidents who are doing business or engaging in nonprofit enterprises in this City shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Article.4

E. Nonprofit Enterprises — When Permits May Be Issued Without Charge. Except as may be provided otherwise by this Article, the City Clerk shall issue special permits, without payment of any license fee or other charge therefor, to any person for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he/she finds that the applicant operates such enterprise without private profit for a public, charitable, educational, literary, fraternal, patriotic or religious purpose.

F. Nonprofit Enterprises — Applications. Except as may be provided otherwise by this Article, an applicant for a special permit shall submit an application therefor to the City Clerk, upon forms prescribed by such officer, and shall furnish such additional information and make such affidavits as that officer shall require.

G. Nonprofit Enterprises — Duty Of Permit Holders. A person operating under a special permit shall operate his/her nonprofit enterprise in compliance with this Article and all applicable rules and regulations promulgated under authority of this Article.

H. Delivery In The City Of Purchases Made Beyond The City. Except as may be provided otherwise by this Article, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Article.

I. Vehicle License Fees. Any general or special license fees for any kind of vehicle for the privilege of being operated upon the public highways and which is required by any statute or ordinance shall not abrogate, limit or affect any further requirements of this Article or of other ordinances or laws for additional and separate licenses, permits, insignia and fees for such vehicles or other uses for and relating to the privilege of using the same in any business licensed under this Article.

J. Construction Of Article; Determination Of Tax. Wherever any provision is made in any chapter or article of this Code for the regulation, restraint or prohibition of any activity for which a license or permit is required by another chapter or article, the license, restraint or prohibition shall continue to apply, and the amount of any license tax imposed in any chapter or article shall, if not otherwise provided, be in addition to any license tax imposed by another chapter or article. No activity which is prohibited by this Article shall be made permissible by inclusion of such activity in another chapter or article.

K. Ad Valorem And Property Taxes Not Affected. Nothing contained in this Article shall be construed as affecting ad valorem or property taxes imposed by other chapters of this Code or by other ordinances or statutes.

Section 605.060. City License Officer. [Ord. No. 385, 2009]

A. City Clerk, Mayor And City Attorney Ex Officio. The City Clerk, City Mayor and City Attorney shall be City license officer ex officio and shall issue in the name of the City all licenses and permits required by this Article to all qualified applicants therefor, when all required taxes and fees have been paid in accordance with the provisions of this Article.5

B. City License Officer — Powers And Duties. The City Clerk, with assistance of the City Mayor and the City Attorney, shall:

1. Rules And Regulations. Promulgate such rules and regulations as he/she may consider desirable for the administration of this Article. When approved by the Board of Aldermen, such rules and regulations shall be placed on file in the office of the City Clerk for inspection and use by the public, and the provisions thereof shall be enforced by him;

2. Adopt Forms. Adopt all forms and prescribe the information to be given therein as to the character of applicants’ business and other relevant matters for all necessary papers;

3. Require Affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this Article;

4. Obtain Endorsement. Submit all applications, in each proper case, to interested City officials for their endorsements thereon as to compliance by the applicant with all City ordinances which they have the duty of enforcing;

5. Investigate. Investigate and determine the eligibility of any applicant for a license or permit or renewal thereof, as prescribed in this Article; and

6. Give Notice. Notify any applicant of the acceptance or rejection of his/her application and, upon refusal of any license or permit and at the applicant’s request, state in writing the reasons therefor and deliver them to the applicant.

Section 605.070. Payment of Taxes and Fees; Receipts. [Ord. No. 385, 2009]

Taxes and fees required by this Article to be paid by any person shall be payable to the City Collector, who shall issue a proper receipt to each person making any such payment. Payment may be received by the City Clerk, the City Mayor or the City Attorney on behalf of the City Collector. All money collected on behalf of the City Collector shall immediately issue a proper receipt to each person making any such payment, and the money received shall be immediately turned over to the City Collector.

Section 605.080. Licensing Requirements and Procedures. 6 [Ord. No. 385, 2009]

A. Qualifications Of Applicants. The general standards set out in this Section relative to the qualifications of every applicant for a City license or special permit under this Article shall be considered and applied by the City Clerk. The applicant shall:

1. Citizenship. Be a citizen of the United States or a declarant therefor as authorized by law, or be authorized by law to remain in the United States for a period of time equal to the duration of the license or permit for which he/she applies;

2. No Tax Due. Have no sales tax due to the State of Missouri, as evidenced by a “no tax due” statement issued by the State of Missouri, and no other taxes due to the City of Laddonia;

3. Legal Qualifications. Be otherwise qualified in all respects under the provisions of all pertinent ordinances and laws.

B. Applications — Initially; Form And Content; Payment Of Fees.

1. Every person required to procure a license or special permit under the provisions of this Article shall submit an application therefor to the City Clerk. The application shall:

a. Be a written statement upon forms provided by the City license officer, which shall include the affidavit of the applicant; and

b. Require the disclosure of all information necessary to comply with Subsection (C) and of any other information which the City license officer shall find to be reasonably necessary to the fair administration of this Article; and

c. Be accompanied by a receipt from the City Collector for the full amount of the fees chargeable for such license. Such receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this Article; and

2. The license applicant must present a copy of a current retail sales tax license or statement of no tax due issued by the State of Missouri to the City Clerk and proof of payment of all local and County taxes before a new or renewal license can be issued.

C. Applications For Renewals; Form And Content. Any applicant for the renewal of a license or special permit under this Article shall submit an application therefor to the City Clerk. The application shall be a written statement upon forms provided by the City Clerk, which shall include the affidavit of the applicant and the disclosure of such information concerning the applicant’s demeanor and the conduct and operation of his/her business during the preceding licensing period as is reasonably necessary to the determination by the City Clerk of the applicant’s eligibility for a renewal license or permit and to a possible adjustment of license fee. The license renewal applicant must present a copy of a current retail sales tax license or statement of no tax due issued by the State of Missouri to the City Clerk before a new or renewal license can be issued.

D. Contents Of Licenses And Special Permits. Each license and special permit issued under this Article shall state upon its face the following:

1. The dates of issuance and expiration thereof;

2. The number of the license issued; and

3. Such other information as the City Clerk shall determine as necessary.

E. Rejections Of Applications; Fees Refunded; Applicants To Refrain From Doing Business. The City Clerk shall, upon disapproving any application submitted under the provisions of this Article, direct the City Collector to refund to the applicant all fees paid in advance, provided that the applicant is not otherwise indebted to the City. When the issuance of a license is denied and any action or proceeding is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license be issued to him/her pursuant to an order or judgment directing that the license be issued.

F. Separate License For Each Establishment; Rental Property.

1. For each business required by this Article to be licensed, a separate license shall be obtained in the manner prescribed in this Article for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business. However, warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Article shall not be deemed to be separate places of business or branch establishments.

2. Each rental real property shall be deemed a branch establishment or separate place of business for the purposes of this Article when there is a representative of the owner or the owner’s agent on the premises who is authorized to transact business for such owner or owner’s agent, or when there is a regular employee of the owner or of the owner’s agent working on the premises.

G. Multiple Businesses At One Location. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for conducting each of the businesses, but, when eligible, shall be issued one (1) license.

H. When One License Sufficient For Multiple Activities; Fee. Whenever any person conducts a type of activity requiring a license under Sections 605.050 to 605.130 of this Article in conjunction with one (1) or more other activities which also require a license thereunder, and does so in one (1) general business concern or location (e.g., an insurance agency and real estate agency conducted as a single business), then there shall be only one (1) license fee charged to cover such joint activity. The license fee so charged shall be the greatest fee provided in Sections 605.050 to 605.130 of this Article for any one (1) of the several activities engaged in and shall be in addition to any other applicable tax or fee required by any other provision of this Code.

I. Supplemental Licenses To Cover Newly Acquired Status. When a licensee places himself in a new status, the City Clerk shall issue a supplemental license and such additional insignia as may be required.

J. Duplicate Licenses And Permits. A duplicate license or special permit shall be issued by the City license officer to replace any license or special permit previously issued when such license or special permit has been lost, stolen, defaced or destroyed without any willful conduct on the part of the applicant, upon the filing by him/her of an affidavit attesting to such fact, and upon the payment of a fee of five dollars ($5.00).

Section 605.090. Duties of Licensees. [Ord. No. 385, 2009]

A. In General. Every licensee under this Article shall:

1. Permit all reasonable inspections of his/her business by public authorities so authorized by this Article or by law;

2. Ascertain and at all times comply with all applicable provisions of this Article and the laws and regulations applicable to such licensed business;

3. Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare; and

4. Refrain from operating the licensed businesses after expiration of his/her license and during any period his/her license may be revoked or suspended.

B. Display Of License And Insignia.

1. On Business Premises. Every licensee under this Article who conducts business on or from a licensed premises shall post and maintain such license inside the licensed premises in a place where the public customers may see it at all times.

2. No Licensed Premises. Every licensee under this Article who has no licensed business premises shall carry his/her license on his/her person and shall display it to City officers having authority to enforce this Article and to persons with whom he/she transacts or seeks to transact business, at their request.

3. On Vehicles. Every licensee under this Article who employs in his/her licensed business a vehicle for which any license plate or insignia is issued to him/her by the City shall affix such plate or insignia to the vehicle in such a manner as may be prescribed by this Article, by law or by the City Clerk when not so prescribed.

4. On Machines And Other Devices. Every licensee under this Article who employs in his/her licensed business any amusement device, vending machine or other machine or device of any description for which a license tag or other insignia is issued to him/her by the City shall affix such tag or insignia to the article for which it is issued in such manner that it may be seen readily at all times.

5. Prohibited Acts.

a. It shall be unlawful for any person who has obtained a license or special permit under this Article to allow any license, special permit or insignia to remain posted, displayed or used after the period for which it was issued has expired or when it has been suspended or revoked or if for any other reason it has become ineffective. The licensee shall promptly return such inoperative license, special permit or insignia to the City Clerk.

b. It shall be unlawful for any licensee or person who has been licensed under this Article to loan, sell, give or assign to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his/her possession, except as authorized by the City Clerk or by law, any license or insignia which has been issued to him.7

C. Right To Change Business Location. A licensee under this Article shall have the right to change the location of the licensed business, provided that he/she first notify the City Clerk of such change of address and follow prescribed procedures for the amendment of his/her license.

D. Keeping Of Records Required. Every licensee under this Article shall keep all records and books necessary to the computation of his/her license fee and to the enforcement of this Article. The City Clerk shall make a reasonable determination as to the financial statement for any business where the licensee has failed to keep books and records as required in this Subsection.

Section 605.100. Exemptions. [Ord. No. 385, 2009]

A. Students Under Nineteen (19) Years Of Age; Exemption. No license, permit fee or tax imposed by this Article which is not required by any other chapter of this Code shall be required of any person eighteen (18) years of age or under who shall be a student regularly attending school or other recognized educational institution and who performs some business activity on a part-time, outside-of-school-hours basis.

B. Persons Exempt From Tax By Reason Of Interstate Business.

1. Registration; Fee; Investigation.

a. Any canvasser, solicitor or other person who may be exempt from the application of license taxes or fees imposed by this Article by reason of engaging in interstate commerce shall, before engaging in any such canvassing or solicitation within the City, register with the City Clerk on forms provided by such officer.

b. Each registrant shall, on his/her registration form, provide the City Clerk with the following information:

(1) Name and description of the registrant;

(2) Permanent home address and full local address of the registrant;

(3) A brief description of the nature of the business and goods to be sold and whether or not money is to be collected by the registrant prior to the delivery or shipment of the goods sold;

(4) The name and address of the employer, together with credentials establishing the exact relationship;

(5) The length of time for which the registrant proposes to do business within the City;

(6) A statement as to whether or not the registrant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

Section 605.110. Persons Not to Be Charged For Business License.

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 City 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 City 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 City of Laddonia.

Section 605.120. Enforcement; Appeals; Penalties. 8 [Ord. No. 385, 2009]

A. Who May Make Inspections. For the purpose of enforcing this Article, the following persons are authorized to conduct inspections in the manner prescribed in this article:

1. The City Clerk shall make or cause to be made all investigations reasonably necessary;

2. The City Mayor shall have authority to order the inspection of licensees, their businesses and premises by all City officials having duties to perform with reference to such licensees or businesses; and

3. Public safety officers, the City Clerk, the Audrain County Health Inspector, the dog catcher, or the City Attorney shall inspect and examine businesses located within their respective areas of responsibility to enforce compliance with this Article.

B. Authority Of Inspectors. All persons authorized by this article to inspect licensees and businesses shall have the authority to enter, with or without a search warrant in accord with law, at all reasonable times, the following premises:

1. Those for which a license or special permit is required;

2. Those for which a license or special permit was issued and which, at the time of inspection, are operating thereunder; and

3. Those for which the license or special permit has been revoked or suspended.

C. Reports By Inspectors. Persons inspecting licensees, their businesses or premises as authorized by this article shall report all violations of this Article or of other laws or ordinances to the City Mayor and shall submit such other reports as the City Mayor shall order.

D. Action By City Mayor On Notice Of Violation; Provisional Order To Be Given Violator. When an inspector has reported any violation of this Article or of any law or ordinance, the City Mayor shall issue to the affected person a provisional order to comply. Such order shall be in writing and shall apprise the affected person as to the acts or omissions which constitute the violation and shall state what action is required on his/her part to comply with the provisions of this Article or other ordinances or laws of which he/she stands in violation and shall specify a reasonable period of time, not more than ten (10) days, within which compliance must be accomplished.

E. Orders And Notices To Be In Writing; Service Thereof. Provisional orders and all other orders and notices provided in this article shall be in writing and shall be served upon the persons affected thereby by personal service on them or upon their agents or representatives or by posting conspicuously upon their business premises in the City. Depositing of a copy of a provisional order or notice in the United States Mail addressed to the affected person at his/her business premises shall meet the requirements of this Subsection in lieu of personal service or posting on the premises.

F. Hearings. Upon written application by the person affected before the expiration of the period for compliance, the City Mayor shall order a hearing before the City Mayor, which shall be open to the public if so requested by the person affected. Notice of such hearing shall be given the affected person in the manner prescribed in this article. The City Mayor may be assisted by the City Attorney in conducting the meeting.

G. Modifying Authority Of City Mayor. Upon written application by the person affected, or on his/her own motion, the City Mayor shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify or rescind any recommendation or order.

H. Final Order By City Mayor; Authority To Suspend Or Revoke License. Upon the failure of the violator to comply with the provisional order or with any order made after a hearing, the City Mayor shall then declare and make the provisional order final. The City Mayor shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.

I. Summary Action; Special Hearing; Authority Of City Mayor. When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to the necessity for immediate action, the City Mayor shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license. Unless waived in writing, within seventy-two (72) hours after he/she has acted summarily, the City Mayor shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed in this article.

J. Appeals To Board Of Aldermen — Right Of; Procedure. Any person aggrieved by a decision of the City Mayor after a hearing shall have the right to appeal to the Board of Aldermen by filing a written appeal with the Mayor within ten (10) days following the effective date of the action or decision complained of. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order. At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the City Mayor and City Clerk.

K. Appeals To Board Of Aldermen — Time And Place; Who Entitled To Notice; Board Action. The Mayor shall fix a time and place for hearing the appeal and shall cause a written notice to be served upon the appellant informing him/her thereof. Service of such notice shall be by personal service, but if the appellant cannot be found, service shall be as otherwise provided in Subsection (E). The Mayor shall also give such notice to the City Mayor and the City Clerk, and such officers shall be entitled to appear and defend such order. The hearing shall be before a regular or special meeting of the Board of Aldermen, and a majority decision of the members of the Board of Aldermen shall control in determining the appeal. The findings of the Board of Aldermen shall be final and conclusive and shall be served upon the appellant as provided in this Subsection.

L. No Refund When License Suspended Or Revoked; Cessation Of Business. Upon revocation or suspension of any license under this Article, no refund of any portion of the license fee shall be made to the licensee, and he/she shall immediately cease all business at all places under such license.

M. Liability Of Violators.

1. The amount of any unpaid fee, the payment of which is required under this Article, shall constitute a debt due the City, and the City Attorney shall, at the direction of the City Mayor, institute civil suit to recover any such unpaid fee.

2. No civil judgment or any act by the City Attorney, the City Mayor, the City Clerk or the violator shall bar or prevent a prosecution for every violation of this Article in the Municipal Division of the County Circuit Court or in any other court of competent jurisdiction.

3. No criminal judgment or any act by the City Attorney, the City Mayor, the City Clerk or the violator shall bar or prevent a civil action for recovery of fees, taxes or penalties due under the provisions of this Article from any person who has been convicted of a violation of this Article.9

N. Fines For Failure To Obtain A Business License. Failure to obtain a business license shall be prosecuted in the Associate Circuit Court of Audrain County, Missouri, and shall be punishable as follows:

1. Violation Penalties. Shall be guilty of an ordinance violation, punishable by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) per day for each day no business license was obtained and the individual or entity was in business.

2. Stop-Work Orders. Shall be liable for a fine of not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00).

Section 605.130. License Fees. 10 [Ord. No. 385, 2009]

A. Payment Of Fee Before Doing Business; Classes Of Licenses. License fees, as specified in this article for each category of business, profession, occupation and activity, shall be paid prior to the issuance of any license to engage in any such category of business, profession, occupation or activity. There shall be two (2) classes of licenses, non-profit class and all other businesses.

B. Licenses And Fees. Those businesses, professions, occupations and activities anticipated by this Article shall pay fees as follows:

1. Non-profit class shall pay no fee as provided in this Article.

2. All other businesses, professions, occupations and activities anticipated by this Article shall pay a base fee of twenty-five dollars ($25.00).

1. State Law Reference: Enumeration of certain businesses that may be licensed, regulated or prohibited, §94.110, RSMo.

2. State Law Reference: Definitions of “business,” “sale,” etc., under sales tax law, §144.010, RSMo.

3. State Law References: Municipal taxing and licensing powers, §§71.610 et seq., 94.020 et seq., RSMo.

4. State Law References: Registered agent of corporations, §351.370, RSMo.; registered agent of corporation not for profit, §355.170 et seq., RSMo.

5. State Law Reference: Payment of license tax to City Collector, §94.120, RSMo.

6. State Law Reference: Municipal licenses, issuance, transfer, §94.120, RSMo.

7. State Law Reference: No municipal license to be assigned or transferred, §94.120, RSMo.

8. State Law Reference: Enforcement of municipal taxes, §94.150, RSMo.

9. State Law Reference: Suits for collection of City taxes, how brought, §94.150, RSMo.

10. State Law References: Local licensing of professionals, §71.620, RSMo.; sale of produce by farmer, etc., §71.630, RSMo.; levy of taxes and licenses, §§94.020, 94.110, RSMo.