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HomeMy WebLinkAbout2007-130 - Amendment of Chapter 605: "Business Licenses" of the Municipal Code•..I BILL N0.2007-130 ORDINANCE N0.2007-130 AN ORDINANCE AMENDING CHAPTER 605: "BUSINESS LICENSES" OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regarding business licenses; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1: Riverside Municipal Code Sections 605.010 through 605.140 shall be repealed and replaced as follows: CHAPTER 605: BUSINESS LICENSES ARTICLE I. DEFINITIONS For the purpose of this Chapter, the following words are defined as follows: Automotive: Business which caters to automobiles and in which other retail activities are incidental. Examples include gas stations/convenience stores, body shops, automotive parts stores, car lots, etc. Business: Any occupation, trade, vocation or activity intended to generate profit or income and is deemed a business by the Internal Revenue Service. Business License: A license issued to any occupation, trade, avocation or activity which conducts business within or is located within the City. Contractor: Businesses in which the principal activities take place at a location other than the business address. Examples include roofing, remodeling or landscaping contractors, etc. Convalescent Care: Businesses in which regular nursing care is provided at a facility for more than one person not a member of the family which resides on the premises. Examples include nursing homes and rehabilitation centers. Fireworks: Business in which the principal activity is the sale or storage of fireworks in accordance with Section 605.320. Home Occupation: Businesses which operates from a residential structure located within the City and the principal use of the structure is residential, also called a home based business. LodQina: Business in which people stay overnight at a facility for a fee. Examples include hotels and motels. Manufacturing/Wholesale: Business in which the principal activity is the production or storage of products for sale or use at other locations. Examples include warehouses, distribution, factories, or flex-tech. Retail: Business in which the principal activity is the sale of goods to the public. Examples include grocery, hardware and drug stores, etc. Service: Businesses in which the principal activities take place on site and retail sales are incidental to the business. Examples include banks, restaurants, insurance, schools/instruction, delivery, etc. Transient Contractor: Businesses which conducts business within the City, but have their office, headquarters, base or main operations outside the City. Examples include plumbers, tree trimmers, landscapers, and contractors. Type I Business License: A business license issued to any business that has its office, headquarters, base or main operations located within the City. Type II Business License: A business license issued to any business which operates from a residential structure located within the City and the principal use of the structure is residential. Also called a home occupation or home based business. Type III Business License: A business license issued to any business which conducts business within the City, but has its office, headquarters, base or main operations outside the City. Examples include, but are not limited to, plumbers, tree trimmers, landscapers, and contractors. ARTICLE II. GENERAL PROVISIONS Section 605.010: Purpose The purpose of this Chapter is to: 1. Establish regulations for conducting business within the City. 2. Provide a policy to efficiently process business license applications by the City. 3. Establish categories of businesses for the purpose of licensing and analyzing the City's business environment. Section 605.020: Applicability Except where otherwise indicated, the provisions of this Chapter shall apply to all businesses operating or being located within the City. Section 605.030: Prohibitions A. Operating Business without License: It shall be unlawful for any person to carry on or operate, maintain or engage in any business of any kind enumerated herein without first obtaining a license as required by this Chapter. B. Owning_Land and Allowing a Business to Operate on said Land without License: It shall be unlawful for any person owning land within the limits of the City to allow any business to be operated on such land unless a current business license for such business has first been obtained as required by this Chapter. C. Transfer: No license shall be transferred from the holder thereof to any other person or business. D. False Representation: No person shall make any willful fraudulent or false representation or use any other deceptive means to obtain, procure or aid in procuring the issuance of any license or permit authorized by the City, including, but not limited to applications for business licenses, applications for building permits or any applications made before the Planning and Zoning Commission of the City of Riverside, Missouri. Section 605.040: Exemptions No license shall be required under this Chapter for: Any farmer or producer(s) selling produce which was raised by such farmer or producer(s) when sold from such farmer or producer(s) wagon, cart or vehicle or from any person(s) employed by such farmer or producer(s); 2. Any other person who is exempted by Missouri law from the imposition of such license requirement. Section 605.050: Term of License The term of all licenses shall commence on January first (ls`) and expire on December thirty-first (31st) of each year. Section 605.060: Proration The fee based on the prorational time until the next date of the regular issuance of business licenses shall be charged at the time of the initial application. The fee shall be determined by the quarter of the license year in which the application is made. Provided however, no proration shall be made for licenses for seasonal businesses or liquor licenses. Section 605.070: Issuance and Form of License The City Clerk shall issue all licenses prescribed in this Chapter and shall prescribe the form therefor. Section 605.080: Compliance with Laws and Ordinances The City Clerk shall issue all licenses subject to the licensee's compliance with all City ordinances and State laws and regulations, including but not limited to the payment of all personal property taxes, earning taxes and permit, license and certificate fees and all zoning requirements, and shall have the power to revoke any license for failure to comply with any such requirements and upon application may refund the unused portions of the annual license fee paid for such revoked license. Section 605.090: More Than One Business at the Same Address Where more than one (1) business as enumerated herein is carried on at the same address the licensee shall make an application for each separate business. Section 605.100: Separate License for Each Place of Business Separate licenses shall be obtained for each location at which a business is carved on. Section 605.110: Change of Location of Place of Business A licensee may apply to amend the license issued to such licensee to authorize the conduct of the same business at a location different from that shown on such license, upon a payment of a fee of $25.00 to the City Clerk. Section 605.120: Delay in Payment Should the licensee fail to make application for renewal, the fee to be charged for such license shall be increased twenty-five percent (25%) if the renewal license is applied for prior to February first (ls`) of the succeeding calendar year. The fee of the license shall be increased fifty percent (50%) if such renewal license is not applied for prior to March first (13`) of such succeeding calendar year. Section 605.130: Display of License All licenses granted by the City shall be carefully preserved and shall be displayed in a conspicuous place in the place of business by the licensee. Section 605.140: Businesses Working for or with the City Any business working for or with the City shall obtain a license as required by this Chapter. ARTICLE III. TYPES OF BUSINESS LICENSES. CATEGORIES OF BUSINESSES AND FEES Section 605.150: Types of Business Licenses There shall be three types of business licenses: Type I Business License: Issued to any business that has its office, headquarters, base or main operations located within the City. 2. Tvpe II Business License: Issued to any business which operates from a residential structure located within the City and the principal use of the structure is residential, also called a home occupation or home based business. Type III Business License: Issued to any business which conducts business within the City, but has its office, headquarters, base or main operations outside the City. Examples include, but are not limited to, plumbers, tree trimmers, landscapers, and contractors. Section 605.160: Categories of Businesses Businesses shall be categorized into one of the following ten categories based on the type of activities conducted by the business. Automotive -Business which caters to automobiles and in which other retail activities are incidental. Examples include gas stations/convenience stores, body shops, automotive parts stores, car lots, etc. 2. Contractor -Businesses in which the principal activities take place at a location other than the business address. Examples include roofing, remodeling or landscaping contractors, etc. 3. Convalescent Care -Businesses in which regular nursing care is provided at a facility for more than one person not a member of the family which resides on the premises. 4. Fireworks -Business in which the principal activity is the sale or storage of fireworks in accordance with Section 605.320. Home Occupation -Businesses which operates from a residential structure located within the City and the principal use of the structure is residential, also called a home based business. 6. Lodeix-e -Business in which people stay overnight at a facility for a fee. Examples include hotels and motels. 7. Manufachxring/Wholesale -Business in which the principal activity is the production or storage of products for sale or use at other locations. Examples include warehouses, distribution, factories, or flex-tech. 8. Retail -Business in which the principal activity is the sale of goods to the public. Examples include grocery, hazdwaze and drug stores, etc. 9. Service -Businesses in which the principal activities take place on site and retail sales are incidental to the business. Examples include banks, restaurants, insurance, schools/instruction, delivery, etc. 10. Transient Contractor -Businesses which conducts business within the City, but have their office, headquarters, base or main operations outside the City. Examples include plumbers, tree trimmers, landscapers, and contractors. Section 605.170: Fees The required fee shall be based on the type of business license and the category of business as specified in the table below. T e of Business License Cate o of Business Fee Automotive $48 Contractor $84 Convalescent Care $200 Fireworks $1,500 Type I Lod in $48 Manufacturin olesale $84 Retail $84 Service* $48 T e II Home Occu ation $48 T e III Transient Contractor $48 *Massage therapist shall be an initial fee of $48 with a renewal fee of $25 ARTICLE IV. PROCEDURES AND APPLICATIONS Section 605.180: General Provisions for All Applications A. Forms and Submittal Requirements: All applications shall be submitted to the City Clerk or his/her representative on forms provided by the City. Applications shall be accompanied by all submittal requirements and necessary information to facilitate review of the application. ~• B. Fees: At the time the application is submitted, the licensee shall pay all required fees. The fees are not transferable to other businesses nor are they refundable. C. Relationship to Building Public Works and Other Permits and Approvals: The issuance of a business license shall not exempt the licensee from obtaining all necessary building, public works and other permits and approvals as required by the City Municipal Code. Section 605.190: Type I Business License Application This Section sets out the required review procedures for Type I business license applications. Type I business licenses are issued to any business that has its office, headquarters, base or main operations located within the City. 1. Application Submittal Reauirements: All Type I business license applications shall include the following: a. A completed application form. b. Anon-refundable fee as established by Section 605.170. 2. Review and Action: The City Clerk and Director of Planning and Economic Development or their representatives shall review the application within 3 days of the submittal date and act to approve or deny the Type I business license or classify it as "pending". a. If the application is approved, the Type I business license will be issued and sent to the licensee via mail. b. If the application is denied the applicant shall be notified of the denial and the reasons for the denial via mail. c. If the application is classified as "pending", the applicant shall be notified in writing as to the reason for the classification. Reasons for classifying an application as "pending" include, but are not limited to, inadequate information, non-compliance with other codes or pending approvals from the Board of Aldermen, Planning Commission or other body. Section 605.200: Type II Business License Application This Section sets out the required review procedures for Type II business license applications. Type II business licenses are issued to any business which operates from a residential structure located within the City and the principal use of the structure is residential. 1. Application Submittal Requirements: All Type II business license applications shall include the following: a. A completed application form. b. Anon-refundable fee as established by Section 605.170. 2. Review and Action: The City Clerk and Director of Planning and Economic Development or their representatives shall review the application within 3 days of the submittal date and act to approve or deny the Type II business license or classify it as "pending". a. If the application is approved, the Type II business license will be issued and sent to the licensee via mail. b. If the application is denied the applicant shall be notified of the denial and the reasons for the denial via mail. c. If the application is classified as "pending", the applicant shall be notified in writing as to the reason for the classification. Reasons for classifying an application as "pending" include, but aze not limited to, inadequate information, non-compliance with other codes or pending approvals from the Board of Aldermen, Planning Commission or other body. Section 605.210: Type III Business License Application This Section sets out the required review procedures for Type III business license applications. Type III business licenses aze issued to any business which conducts business within the City, but has its office, headquarters, base or main operations outside the City. Examples include, but are not limited to, plumbers, tree trimmers, landscapers, and contractors. 1. Application Submittal Requirements: All Type III business license applications shall include the following: a. A completed application form. b. Anon-refundable fee as established by Section 605.170. 2. Review and Action: The City Clerk and Director of Planning and Economic Development or their representatives shall review the application within 3 days of the submittal date and act to approve or deny the Type III business license or classify it as "pending". a. If the application is approved, the Type III business license will be issued and sent to the licensee via mail. b. If the application is denied the applicant shall be notified of the denial and the reasons for the denial via mail. c. If the application is classified as "pending", the applicant shall be notified in writing as to the reason for the classification. Reasons for classifying an application as "pending" include, but are not limited to, inadequate information, non-compliance with other codes or pending approvals from the Board of Aldermen, Planning Commission or other body. ARTICLE V. PENALTY AND REMEDIES Section 605.220: Responsibility for Enforcement The Codes Enforcement Officer or their designees shall enforce this Chapter. Section 605.230: Types of Violations Any of the following shall be a violation of this Chapter and of law and shall be subject to the remedies and penalties provided in this Chapter, the City Municipal Code or the general Police powers granted by Missouri law: ~J t• A. Starting a Business without a Business License: It shall be unlawful for any person to carry on or operate or engage in any business of any kind enumerated herein without first obtaining a license as required by this Chapter. B. Continuing a Business without Renewing a Business License: It shall be unlawful for any person to continue any previously licensed business without renewing the license as required by this Chapter. Section 605.240: Penalty for Violations Any person violating the terms of this Chapter shall be subject to arrest and fine of not more than five hundred dollazs and costs. Each day a business operates without a license shall be deemed to be a separate offense. Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri amended herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declazed to be unlawful shall remain in full force and effect. Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. This ordinance shall take effect immediately. Passed this ~~y of November, 2007 T ' Clerk . ~~~ Mayor Kathleen L. Rose