Missouri Revised Statutes
Chapter 214 - Cemeteries
Section 214.275 - License, cemeteries — division's powers and duties — limitations.

Effective - 28 Aug 2007
214.275. License, cemeteries — division's powers and duties — limitations. — 1. No endowed care or nonendowed care cemetery shall be operated in this state unless the owner or operator thereof has a license issued by the division and complies with all applicable state, county or municipal ordinances and regulations.
2. It shall not be unlawful for a person who does not have a license to care for or maintain the cemetery premises, or to fulfill prior contractual obligations for the interment of human remains in burial spaces.
3. Applications for a license shall be in writing, submitted to the division on forms prescribed by the division. The application shall contain such information as the division deems necessary and be accompanied by the required fee.
4. Each license issued pursuant to sections 214.270 to 214.516 shall be renewed prior to the license renewal date established by the division. The division shall issue a new license upon receipt of a proper renewal application, trust fund report as required by section 214.340, and the required renewal fee. The required renewal fee shall be fifty dollars, plus an assessment for each interment, inurnment or other disposition of human remains at a cemetery for which a charge is made, as the division shall by rule determine, not to exceed ten dollars per such disposition in the case of an endowed care cemetery, and six dollars for such disposition in the case of a nonendowed care cemetery. The division shall mail a renewal notice to the last known address of the holder of the license prior to the renewal date. The holder of a license shall keep the division advised of the holder's current address. The license issued to the owner or operator of a cemetery which is not renewed within three months after the license renewal date shall be suspended automatically, subject to the right of the holder to have the suspended license reinstated within nine months of the date of suspension if the person pays the required reinstatement fee. Any license suspended and not reinstated within nine months of the suspension shall expire and be void and the holder of such license shall have no rights or privileges provided to holders of valid licenses. Any person whose license has expired may, upon demonstration of current qualifications and payment of required fees, be reregistered or reauthorized under the person's original license number.
5. The division shall grant or deny each application for a license pursuant to this section within ninety days after it is filed, and no prosecution of any person who has filed an application for such license shall be initiated unless it is shown that such application was denied by the 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 upon by the division.
7. Within thirty days after the sale or transfer of ownership or control of a cemetery, the transferor shall return his or her license to the division. A prospective purchaser or transferee of a cemetery shall file an application for a license at least thirty days prior to the sale or transfer of ownership or control of a cemetery and shall be in compliance with sections 214.270 to 214.516.
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(L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2007 S.B. 272)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 214 - Cemeteries

Section 214.010 - Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties.

Section 214.020 - City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund.

Section 214.030 - Cemetery lots, conveyed by deed.

Section 214.035 - Conveyance of cemetery property to political subdivision, when — notice of transfer.

Section 214.040 - Plots and records of cemeteries to be maintained, where — requirements.

Section 214.041 - Construction of roads prohibited in cemetery — exceptions.

Section 214.050 - Power to vacate streets vested in county commissions.

Section 214.060 - Petition to be presented to county commission — remonstrance may be filed.

Section 214.070 - Terms defined.

Section 214.080 - Proceedings to enlarge.

Section 214.090 - Family burying grounds, how secured.

Section 214.120 - Costs, who liable for.

Section 214.130 - County commission and incorporated cemetery company to receive grants and bequests in trust.

Section 214.131 - Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined.

Section 214.132 - Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter.

Section 214.140 - Property placed in trust for benefit of cemeteries.

Section 214.150 - County commissions shall become trustees and custodians.

Section 214.160 - Investment or lending of trust funds — investment manager, duties — definitions.

Section 214.170 - May designate responsible organization or individual to administer the income.

Section 214.180 - Shall keep record of receipts and disbursements.

Section 214.190 - Cemetery not subject to execution, dower or partition — exception.

Section 214.200 - Title, how obtained to lands used for burial purposes.

Section 214.205 - Violation of nuisance ordinance — abandonment — action authorized — costs — eminent domain.

Section 214.208 - Disinterment authorized, when — consent required, when — cemetery owner not liable, when.

Section 214.209 - Abandonment of burial site, rights revert to cemetery.

Section 214.210 - Certain cities may accept or acquire cemetery lands.

Section 214.220 - Lands or shares subject to all vested rights.

Section 214.230 - City may acquire money or funds, how.

Section 214.240 - City may provide and enforce rules and regulations.

Section 214.250 - Proceedings to establish cemetery in first class counties — petition by taxpayers.

Section 214.260 - Penalty for violation.

Section 214.270 - Definitions.

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

Section 214.276 - Refusal to issue license, grounds — complaint, procedure.

Section 214.277 - Injunctions, restraining orders, other court remedies available — venue.

Section 214.280 - Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized.

Section 214.282 - Voidability of contracts, exceptions.

Section 214.283 - Notification of burial lands — registry of cemeteries to be kept by division — fee may be charged for copies — surveyor locating unregistered cemetery to file with division, form.

Section 214.300 - Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established.

Section 214.310 - Endowed care and maintenance fund, minimum amount — bond — posting of sign, when, information required.

Section 214.320 - Deposits in fund required, amount — annual report, form furnished by division — audits may be conducted, when — exemption from chapter 436 requirements, when.

Section 214.325 - Required deposits — deficiency — effect — penalty.

Section 214.330 - Endowed care fund held in trust or segregated account — requirements — duties of trustee or independent investment advisor — operator's duties — endowed care fund agreement.

Section 214.335 - Contributions to endowed care fund for memorial or monument — deficiency, effect of.

Section 214.340 - Report required — content — oath — filing required.

Section 214.345 - Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public.

Section 214.360 - Private use of trust funds prohibited.

Section 214.363 - Bankruptcy, assignment for benefit of creditors, endowed care fund exempt.

Section 214.365 - Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties.

Section 214.367 - Sale of assets, notice required — prospective purchaser of endowed care cemetery, right to recent audit — right to continue operation, notification by division.

Section 214.370 - Nonendowed cemetery to post signs and give notice of its character.

Section 214.380 - Nonendowed section of endowed care cemetery — signs and notice.

Section 214.385 - Moving of grave marker, replacement — delivery of item of burial merchandise.

Section 214.387 - Burial merchandise or services, deferral of delivery, when — escrow arrangement — distribution of moneys — cancellation.

Section 214.389 - Suspension of distribution, when, procedure.

Section 214.390 - Existing cemeteries to operate under law — local law applicable.

Section 214.392 - Division of professional registration, duties and powers in regulation of cemeteries — rulemaking authority.

Section 214.400 - Citation of law.

Section 214.410 - Violation of law, penalty.

Section 214.450 - Indian cemeteries, how established — trust fund authorized.

Section 214.455 - Destruction or defacing any cemetery property, penalty.

Section 214.500 - Cemeteries acquired by a city at tax sales or as nuisances may be sold.

Section 214.504 - No liability for new cemetery operators, when — rights of holders of contracts for burial.

Section 214.508 - Previous cemetery owner liable, when.

Section 214.512 - New cemetery owner not liable for deficiencies, exception.

Section 214.516 - Registration as an endowed care cemetery, when — compliance with endowed care cemetery law required.

Section 214.550 - Scatter gardens, operation by churches maintaining religious cemeteries — maintenance of garden and records, duty of operator.