[Ord. 2530, §1; Ord. 3013, §4; Ord. 3682, §]
For the purposes of this Chapter certain terms are hereby defined as follows:
BUSINESS
The engaging in the sale or the selling of any goods, wares, merchandise or the performing of any service anywhere, or at any store, stand or place occupied and maintained for that purpose within the city limits.
CONTRACTOR
A person or company who specializes in a skilled trade and sells either his labor or material (or both) at a predetermined price (either hourly, unit or lump sum) and controls the enterprise for profit.
FOOD PROCESSING ESTABLISHMENT
A commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
FOOD-SERVICE ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial-feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
HEALTH AUTHORITY
The health authority of Phelps County or his/her designated representative.
ITINERANT VENDOR
Any person who engages in or conducts a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one place for a period of not more than one hundred and twenty (120) days, and who, for the purpose of carrying on such business, hires, leases or occupies, either in whole or in part, a room, building, or other structure, for the exhibition and sale of goods.
MANUFACTURER
Any person who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, refining, or by the combination of different materials.
MERCHANT
Any person who shall deal in the selling of goods, wares and merchandise, either by retail or wholesale, at any stand, store or place occupied for that purpose.
MERCANTILE AGENT
Any person having a place of business in the city where orders for the sale and delivery of merchandise are taken, or who shall go from place to place within the city and take orders for the sale of goods, wares or merchandise, for future delivery, either by himself or by some other person.
PEDDLER
Any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise or farm products, offering and exposing the same for sale, or making sales and delivering articles to purchasers; and further shall mean any person who solicits orders and, as a separate transaction makes deliveries to purchasers of the items sold.
PERSONS
Used herein shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership or society, or any other organization.
PHYSICAL LOCATION
A store, shop or building, when the business is operated in an enclosed structure, under one (1) roof with access to the entire inside premises through a common door. When a business does not operate in an enclosed structure, the physical location is a continuous single area used by one (1) operator for the conduct of a specific type of business.
RUMMAGE SALE
A sale of small personal property for the purpose of cleaning out the attic, garage or basement, etc., which is not held more than four (4) periods per year, each period not to exceed three (3) days.
[Ord. 2644, §1]
SOLICITOR
Any person, who for gain or profit, advertises a product for sale either by telephone, radio, newspaper or in person; takes orders for the product; delivers the same to the purchaser; and keeps no inventory and merchandise in stock.
TRAVELING STORES
The stock of trade in goods, ware and merchandise or other personal property or some part thereof, which is carried from place to place by railroad, truck, wagon or other vehicles for the purpose of selling same either by public outcry or otherwise and having no certain place at which said property is to be disposed of.
[Ord. 2530, §1; Ord. 2734, §§ 1, 2; Ord. 3682, §]
(a) 
It shall be unlawful of any person, partnership, or corporation within the corporate limits of the City of Rolla to engage in the business of being a contractor, itinerant vendor, manufacturer, merchant, mercantile agent, peddler, solicitor, or any of the occupations set forth in Section 94.110 of the RSMo, without first obtaining a license to do business in accordance with the procedures set forth in this Article.
(b) 
A copy of Section 94.110 RSMo is attached hereto, marked Exhibit "A", and incorporated herein by reference.
[Ord. 2530, §1; Ord. 2945, §1; Ord. 3682, §]
Applicants for a license hereunder must file with the city a sworn application in writing, on a form to be furnished by the Finance Department, which shall include the following information:
(a) 
Name and description of the business, if applicable, the goods to be sold.
(b) 
Address (legal and local), business telephone and fax number and the number of employees (both full and part time).
(c) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(d) 
The proposed opening date of the business.
(e) 
If a vehicle is to be used, a description for the same, together with license number thereof.
(f) 
A copy of applicant's state retail sales license (if applicable) or Interstate Commerce Commission exemption certificate (if applicable).
(g) 
Two (2) sources of identification of applicant, including either applicant's operator's license or social security number.
(h) 
A statement as to whether applicant has ever been convicted of any violation of laws or ordinance of this or any other state or municipality other than minor traffic violations (traffic violations other than DWI).
(i) 
No license required under the provisions of this section shall be issued by the Finance Department to any person until such person produces a copy of a certificate of insurance for workers' compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the department.
[Ord. 2530, §1; Ord. 3013, §5; Ord. 3055, §1; Ord. 3682, §]
(a) 
Upon receipt of such application, the City shall review the information contained therein and shall, with the exception noted in subsection (b) hereof, determine in each case whether the license to do business shall be issued. If the applicant is found to be unsatisfactory, the City shall endorse on such application disapproval and the reasons therefore and shall notify the applicant that the application is disapproved and that no license will be issued.
(b) 
Upon approval by the City and upon payment of the fee as set forth below, a license to do business shall be issued to the applicant by the City.
(c) 
No business license shall be granted to food processing establishments or food-service establishments without the written approval of the health authority. The business license applicant shall pay any fees, charges, or costs associated with health inspections. Fees shall be paid by the business license applicant directly to the County of Phelps.
[Ord. 2530, §1; Ord. 3682, §]
Any person aggrieved by the action of the City in the denial of an application for license as provided in this Chapter shall have the right of appeal to the City Council of the City of Rolla, Missouri. Such appeal shall be taken by filing with the City Administration, within seven (7) days after notice of the action complained of has been mailed to such person's first known address, a written statement setting forth fully the ground for the appeal. The City Administration shall set a time and place for a hearing on such appeal and notice of such hearing shall be made postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for hearing. The decision and order of the City Council on such appeal shall be final and conclusive.
[Ord. 2530, §1; Ord. 2589, §1; Ord. 3054, §2; Ord. 3236, §2; Ord. 3682, §]
(a) 
Upon application and approval for a City business license, there shall be levied and collected from every person desiring such license, a processing fee therefore. For new merchants and manufacturers such fees shall be fifty dollars ($50.00) and said license shall be valid for a period ending June 30th of every year. The processing fee for business license renewals shall be thirty-five dollars ($35.00).
(b) 
Peddlers and itinerant vendors shall pay a license processing fee of fifty dollars ($50.00) and, if approved, said license shall be valid for a period of thirty (30) days.
[Ord. 2530, §1; Ord. 2588, §1; Ord. 3682, §]
No license shall be issued prior to the passage of a reasonable time to allow the processing and verification of the application.
[Ord. 2530, §1; Ord. 3682, §]
The Finance Department shall keep a record of all licenses issued. In addition, the Finance Department shall keep a record of any complaints against any person licensed under the provisions of this Chapter and of any convictions for violations of this Chapter.
[Ord. 2530, §1; Ord. 3369, §1; Ord. 3682, §1]
(a) 
All licenses issued hereunder shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by said license. In the case of peddlers, a license or license copy, issued by the city and containing the words "licensed peddler", shall be carried constantly by the licensee. When the licensed peddler has more than one (1) person in his/her employ, each such employee shall carry a copy of such license.
(b) 
Failure to carry said license shall be a violation of this Chapter and will constitute forfeiture of the license.
[Ord. 2530, §1; Ord. 3314, §2; Ord. 3682, §]
In case of a change of location after the issuing for license, the holder of the license must notify the City of its new address and obtain a new license sticker for a reprocessing and reinspection fee of thirty-five dollars ($35.00).
[Ord. 2530, §1; Ord. 3682, §]
(a) 
Any person taking out a merchant's license may be allowed to manufacture goods belonging to his/her line of trade without additional license. Any person taking out a merchant's license or shop license for any particular trade herein mentioned may be allowed to keep for sale any other line of goods or wares in the same store or shop without obtaining more than one (1) license.
(b) 
Any person operating related businesses at one (1) or more locations, will be required to take out a separate license for each location.
(c) 
Any person operating unrelated businesses at one (1) or more locations will be required to take out a license for each business location.
[Ord. 2530, §1; Ord. 3682, §]
(a) 
A separate license shall be obtained for each separate business entity conducted, operated, maintained, or carried on by any person engaged in any business for which this Chapter requires a license.
(b) 
In the event ownership of a business is transferred, the new owner thereof shall apply for a license as per the provisions of this Chapter.
[Ord. 2530, §1; Ord. 3682, §]
(a) 
Licenses issued under the provisions of this Chapter may be revoked by the City Council of the City of Rolla, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement contained in the application for license.
(2) 
Fraud, misrepresentation, or false statement made in the course of carrying on the business.
(3) 
Any violation of this Chapter.
(4) 
Otherwise conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(b) 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for hearing.
[Ord. 2530, §1; Ord. 3682, §]
(a) 
Any person claiming exemption from licensing by reason of engaging in interstate commerce shall be subject to registering with the Finance Department the same information required on applications for licenses as herein above provided.
(b) 
Local (i.e., Phelps County) churches, charities, service clubs, and fraternal and not-for-profit organizations shall be exempt from the licensing provisions set forth in this Chapter.
[Ord. 2530, §1; Ord. 2945, §§1-3; Ord. 3682, §]
(a) 
No person shall be granted a license under the provisions of this Chapter unless such person shall have a valid state retail sales license or an Interstate Commerce Commission exemption certificate unless such person is otherwise authorized to engage in business in this State without such license or exemption.
(b) 
No license required under the provisions of this section shall be issued by the Finance Department to any person until such person produces a copy of a certificate of insurance for workers' compensation coverage or completes a workers' compensation waiver, if the applicant for the license is required to cover his liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the department.
(c) 
Nothing in this Chapter shall be construed to create or constitute a liability to or a 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.
(d) 
The Finance Department is directed to take appropriate actions, including altering the license application form, to require a statement and evidence of workers' compensation insurance.
(e) 
This Section shall be in full force and effect from and after August 28, 1993.
[Ord. 2530, §1; Ord. 3013, §6; Ord. 3054, §2; Ord. 3682, §]
All licenses provided for herein shall be renewed annually. The license period shall be from July 1, through June 30th of each year. For those licenses that have been in business continually for the one-year period immediately preceding the renewal date, no new application need be submitted to the Finance Department; a new license will be issued upon payment of the required fee as set forth above. All food processing or food service establishments must procure a favorable health inspection by the health authority sometime during the previous calendar year, at the expense of the applicant. Otherwise the application procedure set forth must be followed.
[Ord. 2530, §1; Ord. 3054, §2; Ord. 3682, §]
(a) 
Except as otherwise provided, no license issued under the provisions of this Chapter is to be granted for a longer period or a shorter period of time than one (1) year.
(b) 
All licenses issued under this Article will be issued to expire on June 30th first following date of issue.
(c) 
Any license issued for a new business or a change of business ownership during the year will be issued to expire on June 30th following date of issue.
[Ord. 3236, §]
(d) 
All licenses required to be purchased under this Article will be subject to a penalty of ten percent (10) per month when purchased on or after August first following due date.
(e) 
Violations of this section shall be enforced by the Rolla Police Department.
[Ord. 2530, §1; Ord. 3682, §]
No license or renewal required under the provisions of this Chapter shall be issued to any person if such person or firm is in arrears in the payment of any tax, fee or other charge due to the City.
[Ord. 2530, §1; Ord. 3682, §]
(a) 
Required: Any person who desires to procure a license for any of the purposes mentioned in this Chapter, shall, before applying for a business license, pay to the collector of revenue in and for the City any and all delinquent City taxes, including penalties and interest.
(b) 
Duty of Finance Department: It shall be the duty of the Finance Department to inform all applicants for licenses under the provisions of this Chapter of the amount of tax to be paid for any specified purpose, and to issue a receipt to all persons so applying for money so paid by such applicants, which receipt shall state amount of money so received, the license purpose for which it was paid, and the time for which such license is to be issued.
[Ord. 2530, §1; Ord. 3682, §]
It shall be the duty of the Finance Department to issue licenses to any and all persons applying therefore and producing the receipt for the correct amount of money specified therefore, for the time and purpose for which such license is to be issued. Provided, that where, by the provisions of this Chapter it shall be necessary for the applicant for any license to do any thing other than pay the Finance Department the correct amount of money and take his/her receipt, as aforesaid, such applicant shall produce and furnish the Finance Department satisfactory evidence that such provisions have been complied with and that all things necessary or required to be done have been done, before a City license shall be issued. Provided further, that the Finance Department shall not issue any license provided for herein without first having been satisfied that the applicant is not delinquent in the payment of any other tax or fee due the City.
[Ord. 2530, §1; Ord. 3682, §]
It is hereby made the duty of every person or firm engaged in utility business to file with the Finance Department on the first day of December of each year, a sworn statement of the gross receipts of such person from such business from the first day of October of the previous year to the thirtieth day of September of the present year.
[Ord. 2530, §1; Ord. 2644, §1; Ord. 3682, §]
Rummage sales shall be exempt from licenses: Any person holding a rummage sale more than four (4) periods per year, each period not to exceed three (3) days and with each period not to be consecutive three (3) day periods, shall be declared to be a merchant and shall buy an appropriate license and locate his/her business in a properly zoned area. Set-up and breakdown for each rummage sale shall be limited to twenty-four (24) hours before and after the sales.
[Ord. 2530, §1; Ord. 3682, §]
Any person who, in making the application for license required in this Chapter, shall make a false declaration of the information required in said application shall be guilty of an offense and shall be subject to a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) and shall be subject to confinement in jail for a period not to exceed three (3) months and shall be subject to both such fine and confinement.
[Ord. 2530, §1; Ord. 3682, §]
Any person, including all employees of any person, who shall be found guilty of engaging in business within the corporate limits of the City of Rolla, Missouri without first obtaining a license therefore as required by this Chapter shall be subject to confinement in the jail for a period not to exceed three (3) months and shall be subject to both such fine and confinement.