214.275. License, cemeteries--division's powers and duties--limitations.

MISSOURI STATUTES AND CODES

214.275. License, cemeteries--division's powers and duties--limitations.

License, cemeteries--division's powers and duties--limitations.

214.275. 1. No endowed care or nonendowed care cemetery shall beoperated in this state unless the owner or operator thereof has a licenseissued by the division and complies with all applicable state, county ormunicipal ordinances and regulations.

2. It shall not be unlawful for a person who does not have a licenseto care for or maintain the cemetery premises, or to fulfill priorcontractual obligations for the interment of human remains in burialspaces.

3. Applications for a license shall be in writing, submitted to thedivision on forms prescribed by the division. The application shallcontain such information as the division deems necessary and be accompaniedby the required fee.

4. Each license issued pursuant to sections 214.270 to 214.516 shallbe renewed prior to the license renewal date established by the division.The division shall issue a new license upon receipt of a proper renewalapplication, trust fund report as required by section 214.340, and therequired renewal fee. The required renewal fee shall be fifty dollars,plus an assessment for each interment, inurnment or other disposition ofhuman remains at a cemetery for which a charge is made, as the divisionshall by rule determine, not to exceed ten dollars per such disposition inthe case of an endowed care cemetery, and six dollars for such dispositionin the case of a nonendowed care cemetery. The division shall mail arenewal notice to the last known address of the holder of the license priorto the renewal date. The holder of a license shall keep the divisionadvised of the holder's current address. The license issued to the owneror operator of a cemetery which is not renewed within three months afterthe license renewal date shall be suspended automatically, subject to theright of the holder to have the suspended license reinstated within ninemonths of the date of suspension if the person pays the requiredreinstatement fee. Any license suspended and not reinstated within ninemonths of the suspension shall expire and be void and the holder of suchlicense shall have no rights or privileges provided to holders of validlicenses. Any person whose license has expired may, upon demonstration ofcurrent qualifications and payment of required fees, be reregistered orreauthorized under the person's original license number.

5. The division shall grant or deny each application for a licensepursuant to this section within ninety days after it is filed, and noprosecution of any person who has filed an application for such licenseshall be initiated unless it is shown that such application was denied bythe division and the owner was notified thereof.

6. Upon the filing of a completed application, as defined by rule,the applicant may operate the business until the application is acted uponby the division.

7. Within thirty days after the sale or transfer of ownership orcontrol of a cemetery, the transferor shall return his or her license tothe division. A prospective purchaser or transferee of a cemetery shallfile an application for a license at least thirty days prior to the sale ortransfer of ownership or control of a cemetery and shall be in compliancewith sections 214.270 to 214.516.