Chapter 605 – Business Regulations

Chapter 605

BUSINESS REGULATIONS

Cross Reference — As to contractor’s license, §500.130 et seq.

Section 605.010. License Required.

It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of Goodman without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.

Section 605.020. License Application and Issuance.

A. All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City 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 Aldermen.

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 City 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.

Section 605.030. License Fees. [Ord. No. I Art. XXI, 11-6-1956; Ord. No. 180 §1, 12-2-1980]

A. There is hereby levied and imposed the following merchants or business tax upon the merchants and business house within the City of Goodman.

1. Fifty dollars ($50.00) per year on all places of business selling beer or intoxicating liquor by the drink.

2. Twenty-five dollars ($25.00) per year on all package liquor stores.

3. Ten dollars ($10.00) per year on all pool, billiard or recreation halls.

4. Five dollars ($5.00) per year for any other businesses operating within the City of Goodman.

5. Five dollars ($5.00) per day for any itinerant peddler doing business within the City of Goodman exempting therefrom any farmer selling his/her own produce.

Section 605.040. License Not Transferable.

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 City, said licensee shall submit a statement of the fact of such change to the City 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.

Section 605.050. Term of License.

The term of the licenses issued pursuant to the provisions of this Chapter shall be from January first (1st) of one year to December thirty-first (31st) of the same year.

Section 605.060. Renewal Applications.

All applications for renewal of a license provided for herein shall be filed no later than January first (1st) of each year.

Section 605.070. Display of License.

Each license issued by the City 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.

Section 605.080. 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 Goodman.

Section 605.090. Revocation of License — Grounds.

A. Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen 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 City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee.

2. Violation of the terms and conditions upon which the license was issued.

3. Failure of the licensee to pay any tax or obligation due to the City.

4. Any misrepresentation or false statement in the application for a license required herein.

5. Failure to display the license required herein.

Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.

Section 605.100. Revocation of License — Procedure.

A. In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their 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 Aldermen 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 City 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 Aldermen, the licensee shall be permitted to continue the operation of his/her business.

4. At the hearing set by the Board of Aldermen, the Board of Aldermen 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 Aldermen shall vote on the issue of whether the subject license shall be revoked.

7. The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.

Section 605.110. Violation and Penalty — Delinquency.

A. All license fees not paid to the City 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 City 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 City assesses a penalty under this Subsection.