Chapter 5

BUSINESS REGULATION AND LICENSES

CONTENTS

ARTICLE I.  IN GENERAL

§ 5-1.      License to be obtained.
§ 5-2.      True owner to apply.
§ 5-3.      Term of license.
§ 5-4.      License nontransferable.
§ 5-5.      Clerk to file list.
§ 5-6.      Evidence of Worker's Compensation Insurance prior to license issuance.
§§ 5-7 to 5-10.  Reserved.

ARTICLE II.  FEES

§ 5-11.    Fees for business licenses.

ARTICLE III-A.  TELEPHONE COMPANIES

§ 5-12.    Definition.
§ 5-13.    Tax levied.
§ 5-14.    Statement of gross receipts required; payment of tax; credit for service rendered City.
§ 5-15.    Tax to be in lieu of other occupation taxes.
§ 5-16.    Investigation of gross receipts statement.
§ 5-16A. Violations penalties.
§ 5-16B. Construction.
§ 5-16C. Municipal Telecommunications Business License Tax Simplification Act.

ARTICLE III.  FORM OF LICENSE - PENALTY

§ 5-17.    Execution of license.
§ 5-18.    Penalty.
§§ 5-19 to 5-23.  Reserved.

ARTICLE IV.  SPECIFIC LICENSE
REQUIREMENTS AND RESTRICTIONS

DIVISION 1.  BILLIARD AND POOL TABLE REGULATIONS

§ 5-24.    License required.
§ 5-25.    Hours of operation.
§ 5-26.    Minors; restrictions on playing.
§ 5-27.    Minors prohibited from operation.
§ 5-28.    Penalty.
§§ 5-29 to 5-33.  Reserved.

DIVISION 2.  GARBAGE, TRASH, RUBBISH AND REFUSE HAULERS

§ 5-34.    Definitions.
§ 5-35.    Permit required.
§ 5-36.    Inspection.
§ 5-37.    Vehicle specifications.
§ 5-38.    Severability.
§ 5-39.    Penalty.
§§ 5-40 to 5-44.  Reserved.

DIVISION 3. PEDDLERS AND ITINERANT MERCHANTS

§ 5-45.    Definition.
§ 5-46.    Permit required.
§ 5-47.    Application for permit.
§ 5-48.    Issuance of permit.
§ 5-49.    Contents of permit.
§ 5-50.    Display of permit.
§ 5-51.    Revocation of permit.
§ 5-52.    Peddler refusing to leave.
§ 5-53.    Hours of operation.
§ 5-54.    Exemptions from permit requirements.
§ 5-55.    Penalty for violation.
§§ 5-56 to 5-60.  Reserved.

Chapter 5

BUSINESS REGULATION AND LICENSES 

ARTICLE I
IN GENERAL 

Sec. 5-1.  License to be obtained.

      Every person or entity shall before engaging in or carrying on in the City of Vienna, Missouri, any business, trade or occupation obtain a business license.  (Ord. 23, §1)

Sec. 5-2.  True owner to apply.

      Only the true owner of such business for which license is desired may apply for and receive a business license.  Each applicant for any license shall state whether the business is owned by an individual, partnership, corporation, or other entity and shall provide the name of the business (if different from the owner) and the address of the business.  (Ord. 23, §2)

Sec. 5-3.  Term of license.

      Each business license shall be for a term of one year beginning January 1 of each year unless the license is a peddler's license in which case the license shall be for a term of one (1) calendar day.  The fee for annual licenses shall be prorated if purchased after January 1 of any year based upon the number of full and partial months remaining in that year provided that the minimum fee in any event shall be ten dollars ($10.00).  (Ord. 23, §3)

Sec. 5-4.  License nontransferable.

      No license issued shall be assigned or transferred in any manner.  (Ord. 23, §4)

Sec. 5-5.  Clerk to file list.

      If requested by the board of aldermen the city clerk shall prepare a full and complete list of names and addresses of all persons and entities doing business in the City of Vienna, Missouri, and liable for the payment of a license fee.  (Ord. 23, §5; As amended by adopting ordinance dated July 7, 1992)

Sec. 5-6.  Evidence of Worker's Compensation Insurance prior to license issuance.

      (a) No license required under the provisions of Section 5-1 of the Ordinances of the City of Vienna shall be issued by the mayor or the city clerk nor any other person acting on behalf of the City to any person until such person either produces for filing with the city clerk a true copy of a certificate of insurance for worker's compensation coverage if the applicant for the license is required to provide coverage for such liability under the provisions of Chapter 287 of the Revised Statutes of Missouri or to provide for filing with the city clerk an affidavit, in a form to be determined by the city clerk, and containing a statement under oath by the applicant that the applicant is excluded from coverage for liability under the provisions of Chapter 287 of the Revised Statutes of Missouri including a statement of the grounds therefore.  It is further made a violation of this ordinance to provide fraudulent information to the City.

      (b) Nothing in this ordinance shall be construed to create or constitute a liability to or a cause of action against the City of Vienna in regard to the issuance or not issuance of any license for failure to provide evidence of worker's compensation coverage.

      (c) The mayor and city clerk and all other City officials are directed to take appropriate actions including the preparation of such affidavits, the alteration of any business application form for any other act necessary to require a statement and evidence of worker's compensation insurance.  (Ord. 58, §§1-3)

Secs. 5-7 to 5-10.  Reserved.

ARTICLE II
FEES

Sec. 5-11.  Fees for business licenses.

      (a) There shall be an annual fee for each business location regardless of the number or type of merchandise or services being sold, which shall be set by the board of aldermen

      (b) There shall be a daily fee for each one day peddler's license, which shall be set by the board of aldermen

      (c) In addition to the fees set forth above, an additional annual fee shall be imposed for the sale at each business location of intoxicating liquor (as defined by Chapter 311, Revised Statutes of Missouri) and nonintoxicating beer (as defined by Chapter 312, Revised Statues of Missouri) which shall be set by the board of aldermen.  (Ord. 23, §6; As amended by adopting ordinance dated July 7, 1992)

ARTICLE III-A
TELEPHONE COMPANIES

Sec. 5-12.  Definition.

      As used in this Article, the term “gross receipts” means the aggregate amount of all sales and charges, exclusive of sales and charges for the commodities or services relative to the business of supplying telephone or telephone service for compensation in the City during the period, less credits, refunds, sales taxes, and uncollectible accounts actually charged off during the period.

      Effective July 1, 2006, to the extent required by Section 92.083 RSMo., as used in this Article; (a) the term “gross receipts” shall be construed to mean all receipts from the retail sale of telecommunications service taxable under Section 144.020 RSMo., and from any retail customer now or hereafter exempt from state sales tax; and (b) the terms “telephone service”, “telecommunications service”, “telecommunications”, “local exchange service”, “local exchange telephone transmission service”, “exchange telephone service”, and similar terms shall be construed to mean telecommunications service as defined in Section 92.077 RSMo., which as of the date of adoption hereof provides that “telecommunications service” has the same meaning as such term is defined in Section 144.010 RSMo., which in turn as of the date of adoption hereof provides that “telecommunications service” has the same meaning as such term is defined in Section 144.010 RSMo., which in turn as of the date of adoption hereof provides that “telecommunications service” means the transmission of information by wire, radio, optical cable, coaxial cable, electronic impulses, or other similar means, further provides that as used in this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols, and further provides that “telecommunications service” does not include the following if such services are separately stated on the customer’s bill or on records of the seller maintained in the ordinary course of business;

      (a) Access to the Internet, access to interactive computer services or electronic publishing services, except the amount paid for the telecommunications service used to provide such access;

      (b) Answering services and one-way paging services;

      (c) Private mobile radio services which are not two-way commercial mobile radio services such as wireless telephone, personal communications services or enhanced specialized mobile radio services as defined pursuant to federal law; or

      (d) Cable or satellite television or music services.

      The phrase “to the extent required by law” shall mean that the action is required or permitted by State law in order for the City to continue to receive municipal telecommunications tax revenues under this Article.  (Ord. 137, §1)

Sec. 5-13.  Tax levied.

      Every person now or hereafter engaged in the business of selling telephone or telegraph service, for compensation for any purpose in the City shall pay to the City, as a license or occupation tax, two and three tenths percent (2.3%) of the gross receipts from such business in the City.

      To the extent required by law, the City Clerk of the City is hereby authorized and directed to promulgate and publish the revenue neutral rates to be applied in the City of Vienna for bills to be rendered on or after July 1, 2006, based on the rate information supplied by the Director of Revenue of the State of Missouri.

      Effective July 1, 2006, to the extent required by law, notwithstanding the provisions of any municipal business license tax (as defined in Section 92.077 RSMo.) ordinance, this tax shall be based solely and exclusively on those gross receipts of telecommunications companies (being any company doing business in the State of Missouri that provides telecommunications service) for the retail sale of telecommunications services which are subject to taxation under sections 144.010 and 144.020 RSMo.

      To the extent required or permitted by law, for bills rendered on and after July 1, 2006, the tax rate shall be two and three tenths percent (2.3%) or the revenue neutral rates as promulgated and published herein, whichever is higher.

      To the extent required by law, for bills rendered on and after July 1, 2007 the tax rate shall be adjusted as promulgated and published by the Director of the Department of Revenue for the State of Missouri pursuant to Section 92.086 RSMo. The City shall notify the Director of the Department of Revenue in writing within 30 days of any change in the tax rate to the extent required by Section 92.086 RSMo. (Ord. 137, §1)

Sec. 5-14.  Statement of gross receipts required; payment of tax; credit for service rendered City.

      All persons engaged in the businesses described in Sections 5-12 and 5-13 in the City are hereby required to file with the City Clerk a sworn statement showing the gross receipts of such business within the City. For the business transacted and the gross receipts each month, a statement shall be due and filed by the last day of the following month. At the same time the statement is required to be filed, payment of the tax due on the gross receipts reported in the statement shall be made to the City at the rate set forth in Sec. 620.160. The payment shall be a license to operate for the month immediately succeeding the month in which the payment is made.

      Effective July 1, 2006, to the extent required by law the Director of the Department of Revenue for the State of Missouri shall collect, administer, and distribute telecommunications business license tax revenues in accordance with the provisions of Sections 92.074 to 92.098 RSMo. and returns filed by telecommunications companies with the Director and tax payments made by such companies to the Director pursuant to such statutes shall take the place of the statements and payments described above. (Ord. 137, §1)

Sec. 5-15.  Tax to be in lieu of other occupation taxes.

      The tax required to be paid under Section 5-13 shall be in lieu of any other occupation tax required of any person engaged in any of the businesses described in Section 5-12 and 5-13. Except as otherwise required by Sections 92.074 to 92.098 RSMo., nothing contained in this Article shall be construed to exempt any person to which this Article is applicable from payment to the City of any taxes, other than occupation license taxes, levied by the City upon such person or the real or personal property of such person. (Ord. 137, §1)

Sec. 5-16.  Investigation of gross receipts statement.

      The Mayor and such other persons may be designated by the Board of Aldermen, from time to time, is and are hereby authorized to investigate the correctness and accuracy of any statement filed under the provisions of Section 5-14, and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person filing such statement. Effective July 1, 2006, any audit of a telecommunications company for purposes of sections 92.074 to 92.098 shall be conducted pursuant to such statutes and any rules promulgated thereunder. (Ord. 137, §1)

Sec. 5-16A.  Violations; penalties.

      (a) Any person engaged in any of the businesses described in Section 5-12 and 5-13 who shall violate any of the provisions of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment as provided in Section 14.0 of this Code.

      (b) Delinquent taxes under this Article shall be subject to the penalties as provided for by other ordinances of the City, now or hereafter enacted, relating to penalties upon delinquent taxes.

      (c) To the extent required by law, unless specifically stated otherwise in Sections 92.074 to 92.098 RSMo., taxpayer remedies, enforcement mechanisms, tax refunds, tax protests, assessments, and all other procedures regarding the tax imposed by this Article shall be the same as those provided in Chapter 144 RSMo. (Ord. 137, §1)

Sec. 5-16B.  Construction.

      To the extent required by law, in all respects this Article shall be interpreted, construed and applied consistent with the requirements of Sections 92.074 to 92.098 RSMo. (Ord. 137, §1)

Sec. 5-16C.  Municipal Telecommunications Business License Tax Simplification Act.

      It is hereby declared to be the intention of the Board of Aldermen that each and every part, section and subsection of this Article shall be separate and severable from each and every other part, section and subsection hereof and that the Board of Aldermen intends to adopt each said part, section and subsection separately and independently of any other part, section and subsection. In the event that any part of this Article shall be determined to be or to have been unlawful or unconstitutional, the remaining parts, sections and subsections shall be and remain in full force and effect. In the event that the Municipal Telecommunications Business License Tax Simplification Act shall be repealed or shall be declared unconstitutional in total or in substantial part, it is the intent of the City to continue in effect any provisions of the Municipal Code as they existed prior to the effective date of the Act, unaffected by the provisions of the Act to the greatest extent possible without preventing the City from receiving tax revenues under this Article. (Ord. 137, §2)

ARTICLE III
FORM OF LICENSE - PENALTY

Sec. 5-17.  Execution of license.

      All business licenses authorized to be issued under this Chapter shall be signed by the mayor and the city clerk and the city seal shall be thereto affixed.  Such licenses may be in the following form:

VIENNA BUSINESS LICENSE

NAME OF BUSINESS:   ____________________________________
OWNER OF BUSINESS:  ___________________________________
ADDRESS OF BUSINESS:  _________________________________
APPLICABLE FEES:  ______________________________________
      ANNUAL BUSINESS LICENSE              $____________________
      ONE DAY PEDDLER'S LICENSE          $____________________

      FOR THE SALE OF LIQUOR BY THE DRINK
      TO BE CONSUMED ON THE PREMISES.
      THIS FEE SHALL INCLUDE THE FEE FOR
      THE SALE OF 5% BEER AND/OR WINE TO
      BE CONSUMED ON THE PREMISES    $____________________
      FOR THE SALE OF 5% BEER OR WINE TO
      BE CONSUMED ON THE PREMISES    $____________________
      FOR THE SALE OF 3.2% BEER TO BE
      CONSUMED ON THE PREMISES          $____________________
      FOR THE SALE OF LIQUOR (INCLUDING
      5% BEER AND WINE) IN THE ORIGINAL
      PACKAGE                                                $____________________
      FOR THE SALE OF 5% BEER AND WINE
      IN THE ORIGINAL PACKAGE               $____________________
      FOR THE SALE OF 3.2% BEER IN THE
      ORIGINAL PACKAGE                            $____________________

      TOTAL BUSINESS LICENSE FEES       $____________________

The above named person or entity having paid the license fees above set forth is authorized to engage in the sale of goods or services in the City of Vienna, Missouri, at the above named location for a term beginning __________________, 19______, and ending December 31, 19________.
Dated: _________________
                                                   _________________________________
                                                             Mayor of the City of Vienna

ATTEST:

 

____________________________________
                            City Clerk
(Corporate Seal)                                                                 (Ord. 23, §7)

Secs. 5-18.  Penalty.

      Every person or entity who shall engage in any business for the sale of goods or services in the City of Vienna, Missouri, without obtaining a license and paying the fees as set forth in this Chapter shall be deemed guilty of a misdemeanor.  (Ord. 23, §8)

Secs. 5-19 to 5-23.  Reserved.

ARTICLE IV
SPECIFIC LICENSE REQUIREMENTS
AND RESTRICTIONS

DIVISION 1.  BILLIARD AND POOL
TABLE REGULATIONS

Sec. 5-24.  License required.

      It is hereby declared unlawful for any person or persons, copartnership or corporation to keep, run or operate or to permit to be kept, run or operated, on the premises owned or under the charge of any person, copartnership or corporation, any billiard table or pool table without first having taken out a license for that purpose.  (§529.055, 1978 Code)

Sec. 5-25.  Hours of operation.

      It shall be unlawful for any person or persons, copartnership or corporation to run, operate or keep open any billiard or pool room in the City of Vienna, on the first day of the week commonly called Sunday, or between the hours of eleven p.m. and five a.m. of any other day.  (§529.071, 1978 Code)

Sec. 5-26.  Minors; restrictions on playing.

      It shall be unlawful for any licensed keeper or keepers of any billiard pool room to suffer or permit any person under the age of twenty-one years to play on such table kept by him or them without first securing the permission of either of the parents or guardian of such minor.  (§529.073, 1978 Code)

Sec. 5-27.  Minors prohibited from operation.

      It is hereby declared to be unlawful for any minor to operate, conduct or manage a billiard or pool room within the corporate limits of the City of Vienna, either in his own name or in the name of anyone else.  (§529.075, 1978 Code)

Sec. 5-28.  Penalty.

      Every person, firm or corporation violating any section of this Article shall be deemed guilty of a misdemeanor and upon conviction therefore, shall be fined not less than five nor more than fifty dollars, and each day such violation occurs shall be deemed a new offense.  (§529.099, 1978 Code)

Secs. 5-29 to 5-33.  Reserved.

ARTICLE IV
SPECIFIC LICENSE REQUIREMENTS
AND RESTRICTIONS

DIVISION 2.  GARBAGE, TRASH,
RUBBISH AND REFUSE HAULERS*

Sec. 5-34.  Definitions.

      (See Section 11-1)  (§521.001, 1978 Code)

Sec. 5-35.  Permit required.

      No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city, without the approval of the board of aldermen.  (§521.003, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 5-36.  Inspection.

      (See Section 11-10)  (§521.027, 1978 Code)

Sec. 5-37.  Vehicle specifications.

      All collection vehicles shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom.  All vehicles to be used for collection of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed.  No solid waste shall be transported in the loading hoppers.  (§521.029, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

*NOTE: See also Garbage and Trash, Ch. 11.

Sec. 5-38.  Severability.

      (See Section 11-31)  (§521.047, 1978 Code)

Sec. 5-39.  Penalty.

      (See Section 11-36)  (§521.049, 1978 Code)

Secs. 5-40 to 5-44.  Reserved.

ARTICLE IV
SPECIFIC LICENSE REQUIREMENTS
AND RESTRICTIONS

DIVISION 3.  PEDDLERS AND
ITINERANT MERCHANTS

Sec. 5-45.  Definition.

      For the purposes of this Division, the word “peddler” shall mean and include any person who shall go from house to house, door to door, or place to place within the City of Vienna selling or offering for sale any goods, wares, merchandise or services of any description for instant or future delivery, and shall include solicitors, hawkers, canvassers, itinerant merchants and transient vendors of goods, wares, merchandise or any other articles or services as such terms are commonly defined and construed.  (Ord. 129, §1)

Sec. 5-46.  Permit required.

      It shall be unlawful for any person to engage in business as a peddler within the City of Vienna without first having applied for and obtained a permit to engage in such business from the City.  (Ord. 129, §1)

Sec. 5-47.  Application for permit.

      Any person desiring a permit to engage in business as a peddler within the City of Vienna shall make a written application to the City, which application shall show and contain the following:

      (a) The name and address of the applicant.

      (b) The name and address of the person or entity that the applicant represents.

      (c) The kind and nature of goods or services offered for sale.

      (d) Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.

      (e) The period of time such applicant wishes to be engaged in such business within the City of Vienna.

      (f)  Whether or not the applicant has ever been convicted of a felony or misdemeanor (other than minor traffic offenses) and if so, the complete circumstances and information thereof.

      (g) The last five (5) cities wherein the applicant has worked before coming to the City of Vienna.

      (h) Such other information as the City of Vienna may deem necessary, reasonable and proper.  (Ord. 129, §1)

Sec. 5-48.  Issuance of permit.

      No permit shall be issued under the provisions of this Division until the applicant shall have complied with all of the provisions and requirements of this Division.   (Ord. 129, §1)

Sec. 5-49.  Contents of permit.

      Each permit issued under the provisions of this Division shall be signed by the City Clerk, shall be dated as of the date of its issuance and shall state the duration or term of such permit on the face thereof.  (Ord. 129, §1)

Sec. 5-50.  Display of permit.

      Every permittee under the provisions of this Division and doing business within the City shall display his or her permit upon the request of any person. Any failure to display such permit shall be violation of this Division and the permittee shall have their permit revoked subject to punishment as hereinafter provided.  (Ord. 129, §1)

Sec. 5-51.  Revocation of permit.

      Any permit issued under the provisions of this Division may be revoked for the violation by the permittee of any applicable provision of this provision or any other state law, or any other city ordinance, rule or regulation.  (Ord. 129, §1)

Sec. 5-52.  Peddler refusing to leave

      Any peddler who enters upon the premises owned or leased by another and who refuses to leave said premises after having been orally requested to do so by the owner, possessor or their agents, servants or employees, shall have their permit revoked and shall be in violation of this Division and subject to punishment as hereinafter  provided.  (Ord. 129, §1)

Sec. 5-53.  Hours of operation.

      It shall be unlawful for any peddler to engage in the business of peddling prior to 9:00 o'clock A.M. in the morning or after one-half hour before sunset or at anytime on Sundays.  (Ord. 129, §1)

Sec. 5-54.  Exemptions from permit requirements.

      The permit required by this Division shall not be required by the following provided, however, that all other provisions of this Division be applicable to the following:

      (a) Ordinary commercial salesman who sell or exhibit for sale goods, wares and merchandise to persons, firms or other entities engaged in business or other commercial operations.

      (b) Any salesman who meets with a prospective customer by a specific appointment or invitation from the prospective customer.

      (c) Any sale of goods, wares or merchandise where the proceeds of which shall be used or applied to some charitable, educational, religious or philanthropic purpose within the City of Vienna or County of Maries and such entity shall have a regular office, place of business or other permanent facility within Maries County, Missouri.  (Ord. 129, §1)

Sec. 5-55.  Penalty for violation.

      Any person or entity who violates any provision of any of the ordinances in this Division, shall be punished by a fine not to exceed $500.00 or imprisonment not to exceed ninety (90) days, or both fine and imprisonment. Each person, residence, entity or other premises contacted in violation of this Division shall be a separate offence punishable as set forth above. Any violation of this Division by any person who is an agent, servant, employee, independent contractor or otherwise shall be deemed to be a violation both by the individual and by the entity which the individual purports to represent.  (Ord. 129, §1)

Sec. 5-56 to 5-60.  Reserved.