AN ORDINANCE TO IMPOSE LICENSING REQUIREMENTS FOR DOING BUSINESS IN THE CITY OF RICH HILL, MISSOURI
Section 1. – Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City means the city of Rich Hill, Missouri.
Board of Alderman means the duly elected Board of Alderman of the City.
License officer means the Mayor, his or her deputy or authorized representative.
Lunch stands means temporary stands where food and drinks are served for gain or profit.
Manufacturer means any person exerting labor, skill or art on material to produce a finished product. The term “manufacturer” shall not include persons making articles by hand in the home nor to any shoemaker, painter, carpenter or other mechanic whose finished products are solely the result of his labor and not the result of a division of labor.
Section 2. – Required.
Except as specifically exempted from the provisions of this Ordinance, it shall be unlawful for any person, either directly or indirectly, to conduct any business, occupation or nonprofit enterprise, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, without a license or permit therefore being first procured and kept in effect, at all such times as required by this Ordinance
Section 3. – Acts which constitute doing business.
(a) For the purpose of this Ordinance, any person shall be deemed to be in business or engaging in any occupation or nonprofit enterprise when he shall be engaged in, or carry on any business or occupation in the City, by:
Selling, manufacturing (but such activity shall be limited to a Amanufacturer@ as that term is defined herein), assembling, installing, offering, renting or leasing or providing any goods or services.
(b) Soliciting business or offering goods or services for hire.
(c) Using any vehicle or premises in the City for the purposes of such business or occupation.
Section 4. – Agents responsible for obtaining license.
The officers, managers or agents of a corporation or company and the agents or other representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses they represent.
Section 5. – Separate license for branch establishments.
A license shall be obtained in the manner prescribed in this Ordinance for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that the warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments.
Section 6. – No license required for deliveries into City.
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 regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Ordinance.
Section 7. – Qualifications of applicants.
The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the City license officer. The applicant shall:
(a) Be of good moral character. In making such determination the City license officer shall consider:
(1) Penal history. All convictions, the reasons therefore, and the demeanor of the applicant subsequent to his release.
(2)Business license history. The business license history of the applicant, whether such person, in previously operating, in this or another state under a license has had such license revoked or suspended, the reasons therefore, and the demeanor of the applicant subsequent to such action.
(3) General personal history. Such other facts relevant to the general personal history of the applicant as he shall find necessary to a fair determination of the eligibility of the applicant.
(b) Not be in default under the provisions of this Ordinance or indebted or obligated in any manner to the City except for current taxes.
Section 8. – Application.
Every person required procuring a license under the provisions of this Code or any other ordinance shall submit an application for such license to the City license officer. The application shall:
(a) Be a written statement upon forms provided by the license officer. Such form shall include an affidavit, to be sworn to by the applicant before any person authorized to administer an oath by the laws of this state.
(b) Require the disclosure of all information necessary for compliance with Section 7 and of any other information which the City license officer shall find to be reasonably necessary to the fair administration of this Ordinance.
(c) For construction industry contractors, be accompanied by a certificate of insurance for workers’ compensation coverage if the applicant for the license is required to cover his liability for workers’ compensation under RSMo. Chapter 287 or a statement explaining why the applicant is not subject to the state Workers ‘Compensation Act.
(d) Be accompanied by proof of issuance of a retail sales license by the state director of revenue if the applicant is subject to liability for the collection of sales or use taxes under the state Sales Tax Law, RSMo. Chapter 144 or an explanation stating why applicant is not a business subject to the requirements thereof.
Section 9. – Exemptions from licensing requirements.
The following persons or organizations shall be exempt from the provisions of this Ordinance:
(a) Not for Profit. Any person or organization for the conduct or operation by such person or organization of a nonprofit enterprise, either regularly or temporarily, which operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose.
(b) School Organizations. Any person or organization that is sponsored by a public or private school or educational organization.
(c) Dances and dance halls. Dances and dance halls are subject to license requirements only when the same are operated, promoted or conducted for gain or for profit, and a license shall not be required for dances by or for the benefit of any organization if the purpose of such organization is noncommercial.
(d) Entertainment. Nothing in this article shall be so construed as to require a license for any entertainment given by the citizens of this City when the same shall not be for gain or profit to the person giving such entertainment, and no license shall be required of any concert, lecture hall, tableaux or other exhibition when the same is given solely for religious or charitable purposes.
(e) Lunch stand. A license shall not be required for a lunch stand conducted by or for the benefit of any organization if the purpose of such organization is noncommercial.
Section 10. State Appeals.
If the license officer, for good cause, disapproves the application for a license or refuse to renew
A license, the applicant therefore may appeal to the Board of Alderman. The Board of Alderman shall hear any evidence by the applicant of the license at the next regular or called meeting of the Board of Alderman and shall order the license issued or refused. Neither the licensing officer nor the Board of Alderman shall refuse a license unless it fairly appears that the business, trade or occupation to be carried on under the license will be detrimental to the health, morals or safety of the public, or that the public will be exposed to chicanery, fraud or dishonesty or the operation of such business, trade or occupation will directly result in the violation of a law of the United States, this state or this City.
Section 12. – Contents of license.
Each license issued under this Ordinance shall state upon its face the following:
(a) The name and address of the licensee and any other name under which such business is to be conducted.
(b) The kind of business or occupation licensed.
(c) Dates of issuance and expiration thereof.
(d) Such other information as the license officer shall determine.
Section 12. – Expiration.
All annual licenses issued by the City shall expire on June 30 following issuance. Licenses other than annual licenses shall expire under the provisions of this Code or other ordinances under which the same are issued.
Section 13 – Renewal license procedure.
The applicant for a renewal of a license shall disclose such information of the applicant’s demeanor and the conduct and operation of the business or occupation during the preceding licensing period, as is reasonably necessary to the determination by the license officer of the applicant’s eligibility for a renewal license. The information shall be given in a written sworn application only when required by the license officer.
Section 14. – Duplicate license procedure.
A duplicate license or special permit shall be issued by the license officer to replace any license, previously issued, which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the state attesting to such fact.
Section 15. – Display of license; unauthorized possession.
Every licensee of the City shall:
(a) Post and maintain such license upon the licensed premises in a place where it may be plainly seen at all times.
(b) Carry such license or other insignia on his person when he has no licensed business premises and shall display the same to any licensing officer or police officer on demand.
(c) Affix any insignia furnished by the licensing officer to any vehicle, machine or device used in connection with a licensed business, trade or occupation as directed by the licensing officer.
(d) Not allow any license, special permit or insignia to remain posted or displayed or used after the period for which it was issued has expired; or when it has been suspended or revoked, or for any other reason becomes ineffective.
(e) Not 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 possession, except as authorized by the license officer or by law, any license or insignia which has been issued to the licensee.
Section 16. – Nontransferable; exceptions.
No license issued by the City shall be assigned or transferred; provided that the guardian or trustee of any person found incompetent, or the executor, administrator, surviving partner, trustee, widow or heir of a deceased person, may operate the licensed business until the expiration of such license.
Section 17. – Revocation.
The Board of Alderman shall have the right to revoke any license granted by the City if such license was obtained by fraud or misrepresentation; if the licensee is unfit to engage in the business, trade or occupation to which he was licensed; if the business, trade or occupation is carried on in such a manner as to be detrimental to the public health, morals, safety or welfare; if the licensee has violated the laws of the United States, the laws of the state, this Ordinance or other ordinances of the City relating to or concerning the business, trade or occupation for which the license is issued; provided that before such license may be revoked, the holder thereof shall be promptly given a fair and impartial hearing before the Board of Alderman, after due notice of such hearing. Such notice of the hearing for the revocation of a license shall be given in writing, setting forth the grounds of complaint and the time and place of the hearing. Such notice shall be served on the licensee at least five days prior to the date set for the hearing unless the licensee shall request in writing that the time be reduced. Any municipal occupation license applied for or issued before or after a revocation of the state retailer’s license by the state director of revenue shall, during the continuation of the revocation of the state retailer’s license, be null and void.
Section 18. – Suspension.
(a) Summary action. 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 an emergency, the license officer shall have authority to summarily order the cessation of the trade, business or occupation and close the premises where operated, or suspend the license.
(b) Special hearing. Unless waived in writing, the license officer shall, within three days after he has acted summarily, conduct a special hearing to determine if such suspension should be continued or lifted.
(c) Right of appeal. Any person aggrieved by the decision of the license officer shall have the right to appeal to the Board of Alderman by filing a written appeal with the Mayor. The Board of Alderman shall hold a hearing on the appeal not later than the next Board of Alderman meeting. The Board of Alderman, after an impartial hearing, may lift or continue the suspension or revoke the license.
(d) Effect of revocation or suspension. Upon revocation or suspension of a license, he shall immediately cease the business, trade or occupation licensed.
Section 19. – General standards of conduct of licensee.
Every licensee under this Ordinance shall:
(a) Operate properly. Avoid all forbidden, improper or unnecessary practices or conditions which do or may adversely affect the public health, morals or welfare.
(b) Permit inspection. Permit all reasonable inspections of his business by the license officer, Chief of Police or any police officer of the City.
(c) Comply with governing law. Ascertain and at all times comply with all applicable city, state and federal laws.
(d) Cease business. Refrain from operating the licensed business or pursuing the licensed occupation after the expiration of his license and during the period his license is revoked or suspended.
Section 20. – Duties of police.
It shall be the duty of the chief of police and all policemen to make inspections, investigations of persons, trades, businesses and occupations necessary for the enforcement of this Ordinance and all other ordinances relating to licenses and report all violations to the license officer and shall submit such other reports as he may require.
Section 21. – Investigations by license officer; notice to violators to comply with code; filing complaint in court.
The license officer shall make such investigations as are reasonably necessary for the enforcement of this Ordinance and all other ordinances relating to licenses. When the license officer has found or a police officer has reported the violation of a provision relating to the licensing by any person, the license officer shall notify or cause such person to comply, giving the time in which compliance shall be made, and upon the failure or refusal of such person to comply with such provision within the time limit, the license officer may direct the City attorney to file a complaint in the municipal court and/or to pursue appropriate civil remedies.
Section 22. – Right of entry of license officer and police officers.
The license officer and police officers of the City, in the inspections of licenses and businesses, shall have the authority to enter, at all reasonable times, the following premises:
(a) Those for which a license is required.
(b) Those for which a license was issued and which, at the time of inspection, are operating under such license.
(c) hose for which the license has been revoked or suspended.
Section 23. – Issuance of license contravening law or ordinance.
The license officer shall have no authority to issue any license for the operation of any business or the pursuit of any occupation which, because of its location, nature or operation, results in the violation or contravention of any law of the United States, the state or other regulations of the City. In the event such license is issued, it shall be revoked according to the provisions of Section17 and the City, because of the issuance of such license, shall not be estopped or prejudiced in the enforcement of this Code or any other ordinance.
Section 24. – Duties of City license officer.
The City license officer shall issue licenses in the name of the City to all persons qualified under the provisions of this Ordinance and shall:
(a) Make rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Ordinance.
(b) Adopt forms. Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers.
(c) Require affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this Ordinance.
(d) Obtain endorsement. Submit all applications, in a proper case, to interested City officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing.
(e) Investigate. Investigate and determine the eligibility of any applicant or license as prescribed herein.
(f) Examine records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Ordinance.
(g) Give notice. Notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any license or permit, at the applicants request, state in writing the reasons therefore and deliver them to the applicant.
Section 25. – Records of license officer; reports of license officer to Board of Alderman.
The City license officer shall keep an accurate record of all licenses issued, showing the nature of the business or occupation license, the name and address of the licensee and any other proper information that may be required by the City administrator and/or clerk or Board of Alderman.
Section 26. – Information under Ordinance to be confidential.
The license officer shall keep all information furnished or secured under the authority of this Ordinance in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the person charged with the administration of this Ordinance, except as otherwise provided by law.
Section 27. – Interstate commerce.
No licensing requirements of the City shall unduly burden interstate commerce nor discriminate against persons engaged in interstate commerce. In any case where a license regulation is believed by a licensee or an applicant for a license to place an undue burden upon such commerce, or discriminates in such a manner as to give a preference to local commerce, he, she or it may apply to the Board of Alderman for an adjustment of the requirement so that it shall not be discriminatory or unfair to interstate commerce. Such application may be made before, at or within six months after initial licensing. The applicant shall, by affidavit and supporting testimony, describe how such licensing requirement on his business imposes any undue burden on such commerce and such other information as the Board of Alderman may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Board of Alderman shall conduct an investigation, comparing the applicant’s business with other businesses of like nature and shall make findings of fact from which they shall determine whether the licensing requirement is unfair, unreasonable or discriminatory as to the applicant’s business.
Section 28. – Liability of violator.
(a) Penalty for Violations. The failure of any person or entity subject to this Ordinance to comply with its provisions shall be guilty of a misdemeanor and subject to a fine of up to $500 for each violation and/or incarceration for up to 6 months.
(b) Action by City attorney. In addition to enforcement of the penalty provisions of this Ordinance, the City attorney shall, at the direction of the City, institute a civil suit in the name of the City in the Circuit Court of Bates County, Missouri to enforce compliance of this Ordinance by any violator.
Section 29. – Conflicting Ordinances. All Ordinances, or parts thereof, which are in conflict with this Ordinance, are hereby repealed.
1st Reading 9/25/12
2nd Reading 9/25/12
Approved this 25th day of September 2012.
Jim Kithcart, Mayor
Michele Gould, City Clerk