§ 14-16. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency. Any group of persons formed together to offer any product, item, service, ware or other commodity to the general public for payment thereof.

Agent. Any individual or person who, as representative of another, offers any item, product, service, ware or other commodity to the general public for payment thereof.

Business. All kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profits or benefits, either directly or indirectly, on any premises in this city or anywhere else within its jurisdiction, as permitted by the Revised Statutes of Missouri and as provided for by this Code and other ordinances of the city.

City. Reference to City of Kirksville.

City clerk. The clerk of the city or his designated deputies authorized by the city council.

Contractor or subcontractor. Any person who agrees or contracts with another, for a fee or consideration to build, construct, remodel, plaster or aid in building, constructing, remodeling or plastering any building, or any structure, driveway, sidewalk, street or utility line in the city, or any person who builds any structure of any kind, for sale in the city, except one who, for himself, builds a home or structure to be occupied by himself.

Deceptive practices. The misleading of others through intentional false statements or fraudulent actions.

Electrician. Any person who installs, operates, maintains, or repairs electric devices or electrical wiring.

Gross receipts. Gross revenue, gross proceeds, gross annual commissions and fees from business transacted or carried on within the city, including retail and wholesale, except state and federal direct excise, sales, use and gasoline taxes.

Gross receipts fee. Fee based on gross receipts and due on a quarterly basis by an applicable business that is subject to assessment on gross receipts, which said fee shall be in the amount of fifty cents ($.50) per one thousand dollars ($1,000.00) of gross receipts exceeding thirty thousand dollars ($30,000.00).

HVAC technician. An HVAC technician is any person who is responsible for installing and maintaining heating, air-conditioning and ventilation equipment. An HVAC technician is not a plumber.

Insignia. Any tag, plate, badge, emblem, sticker, card or any other kind of device which may be required for any use in connection with any license.

Jobber. Any person who solicits any item, product, service, ware or commodity from the manufacturer and offers the same for resale to others who will sell such item, etc., to the general public.

Legal entity. A separate and distinct business, having a different legal name from any other.

License. Any license required to be secured under this article.

License year. The term that a license is valid, unless otherwise provided, shall mean the year beginning March 1, or in the case of businesses newly established at the beginning of doing business, and ending on the last day of February of the following year.

Manufacturer. Any person, company or corporation 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. (Per RSMo. § 150)

Merchant. Any person, corporation, copartnership or association of persons, who shall deal in the selling of goods, wares and merchandise at any store, stand or place occupied for that purpose. Also, every person, corporation, copartnership or association of persons doing business in the State of Missouri who shall, as a practice in the conduct of such business, make or cause to be made any wholesale or retail sales of goods, wares and merchandise to any person, corporation, copartnership or association of persons, shall be deemed to be a merchant whether said sales be accommodation sales, whether they be made from a stock of goods on hand or by ordering goods from another source, or whether the subject of said sales by similar or different types of goods than the type, if any, regularly manufactured, processed or sold by said seller. (Per RSMo. § 150)

Nonresident. Business located outside the city limits and outside a one (1) mile radius from the city limits.

Peddler and hawker. Any person who has no established place of business, nor any specific line of sales items, but moves from place to place within the city, along the streets therein, offering wares for sale.

Person. In this chapter, the word "person" shall include any individual, group of individuals, trust, trustee, cooperative, partnership, corporation, estate, administrator or executor.

Plumber. A person who fits and repairs the pipes, fittings, and other apparatus of water supply, sanitation, or heating systems. A plumber is not an HVAC technician.

Premises. All lands, structures, places and, also, equipment and appurtenances connected or used therewith in any business all in one (1) location not divided by other real property of another or streets and, also, any personal property which is either affixed to or is otherwise used in connection with any other business conducted on such premises.

Profession. Any type of service offered to the general public by any person for payment thereof.

Retail. Any person who offers or sells any item, product, service, ware or commodity to the general public and user.

Sale of business. A business will be considered sold if it is a sole ownership or partnership that has an ownership change.

Salesman. Any person who offers any type of item, product, service, ware or other commodity offered for sale to the general public for payment thereof.

Taxable services. Services are generally presumed taxable unless specifically exempted by law.

Wholesaler. Any person who offers or sells any item, product, service, ware or other commodity to another who is in the business or offering the same for resale only and not for personal use.

All other items, phrases, words and their derivations used in this article shall be interpreted by the definition given the same by the latest version of the universally-recognized Webster Dictionary.

The term "his" and related derivatives as used throughout this chapter is intended to be interpreted as a nongender usage.

(Code 1974, § 12-11; Ord. No. 10379, § 1, 9-28-79; Ord. No. 11497, § 1, 5-7-2001; Ord. No. 11788, 2-28-2007; Ord. No. 11950 § 1, 2-7-2011; Ord. No. 12040, § 1, 1-28-2013)

Cross reference

Definitions and rules of construction generally, § 1-2.