It shall be unlawful for any peddler, solicitor, itinerant merchant and vendor as defined in Section 607.030 to engage in such business within the corporate limits of the City of Sikeston, Missouri, without first obtaining a permit and license therefore in compliance with the provisions of this Chapter.
The provisions of this Chapter shall apply only to those persons
or corporations actually engaged in the business of soliciting for
profit and shall not apply to any tax exempt not-for-profit persons,
associations or corporations (i.e., Kiwanis, Lions, Elks, churches,
boy and girl scouts and like organizations).
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the City or not, who
engages in a temporary business of selling and delivering goods, wares
and merchandise within said City, and who, in furtherance of such
purposes, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad box car, or boat, public room in hotels,
lodging houses, apartments, shops, or any street, alley, or other
place within the City of Sikeston, Missouri, for the exhibition and
sale of such goods, wares, and merchandise, provided that such definition
shall not be construed to include any person, firm, or corporation
who, while occupying such temporary location, does not sell from stock,
but exhibits samples only for the purpose of securing orders for future
delivery only. The person, firm, or corporation so engaged shall not
be relieved from complying with the provisions of this Chapter merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer or by conducting such transient business in
connection with, as a part of or in the name of any local dealer,
trader, merchant or auctioneer.
Shall include any person, whether a resident of the City
of Sikeston, Missouri, or not, 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, meats, fish, vegetables, fruits, garden
truck farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers, or
who, without traveling from place to place, shall sell or offer the
same for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance, and further provided that one who solicits
orders and as a separate transaction makes deliveries to purchasers
as a part of a scheme or design to evade the provisions of this Chapter.
The word "peddler" shall include the words "hawker" and "huckster".
Includes the singular and the plural and shall also mean
and includes any person, firm or corporation, association, club, co-partnership
or society or any other organization.
Any individual, whether resident of the City of Sikeston,
Missouri, or not, traveling either by foot, wagon, automobile, motor
truck or any other type of conveyance from place to place, from house
to house or from street to street taking or attempting to take orders
for sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery or for services to be furnished
or performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he/she is collecting advance payments on such sales or not, provided
that such definition shall not include any person who, for himself/herself
or for another person, firm or corporation, hires, leases, uses or
occupies any building, structure, tent, railroad box car, boat, hotel
room, lodging house, apartment, shop or any other place within the
City for the sole purpose of exhibiting samples and taking orders
for future delivery.
A.
Applicants
for license under this Chapter, whether a person, firm or corporation,
shall file a written sworn application signed by the applicant, in
duplicate on a form supplied by the City Clerk if an individual, by
all partners if a partnership and by the president if a corporation
with the City Clerk showing:
1.
The name or names of the person or persons having the management
or supervision of applicant's business during the time that it is
proposed that it will be carried on in the City of Sikeston, Missouri;
the local address or addresses of such person or persons while engaged
in such business; the permanent address or addresses of such person
or person; the capacity in which such person or persons will act (that
is, whether as proprietor, agent or otherwise); the name and address
of the person, firm or corporation for whose account the business
will be carried on, if any; and if a corporation, under the laws of
what State the same is incorporated.
3.
The place or places in the City of Sikeston, Missouri, where it is
proposed to carry on applicant's business and the length of time during
which it is proposed that said business shall be conducted.
4.
The place or places, other than the permanent place of business of
the applicant, where applicant within the six (6) months next preceding
the date of said application conducted a transient business, stating
the nature thereof and giving the post office and street address of
any building or office in which such business was conducted.
5.
A brief description of the nature of the business and the goods to
be sold and in the case of products of farm or orchard, whether produced
or grown by the applicant.
6.
If employed, the name and address of employer, together with credentials
establishing the exact relationship.
7.
If a vehicle is to be used, a description of same, together with
license number or other means of identification.
8.
The place where the goods or property proposed to be sold or orders
taken for the sale thereof are manufactured or produced, where such
goods or products are located at the time said application is filed
and the proposed method of delivery.
9.
A photograph of the applicant, taken within sixty (60) days immediately
prior to the date of filing of the application, which picture shall
be two (2) inches by two (2) inches showing the head and shoulders
of the applicant in a clear and distinguishing manner.
10.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefore.
11.
With respect to the goods listed in Subparagraph (5) above, a statement
of the nature, character and quality of the goods, wares or merchandise
to be sold or offered for sale by applicant in the City of Sikeston,
Missouri, the invoice value and quality of such goods, wares and merchandise,
whether the same are proposed to be sold from stock in possession
or from stock in possession and by sample; at auction, by direct sale
or by direct sale and taking orders for future delivery; where the
goods or property proposed to be sold are manufactured or produced
and where such goods or products are located at the time said application
is filed.
12.
A brief statement of the nature and character of advertising done
or proposed to be done in order to attract customers and, if required
by the City Clerk, copies of all said advertising, whether by handbills,
circular, newspaper advertising or otherwise, shall be attached to
said application as exhibits thereto.
13.
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefore.
14.
Credentials for the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative.
15.
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of applicant's
business or the method or plan of doing such business as the City
Clerk may deem proper to fulfill the purpose of this Chapter in the
protection of the public good.
16.
At the time of the filing of the application, a fee of forty-three
dollars ($43.00) shall be paid to the City Clerk to cover the cost
of investigation.
17.
The application process will take, at a minimum, twenty-eight (28)
days to complete.
18.
At the time of the filing of the application, a Power of Attorney
shall be completed and filed with City Clerk.
19.
At the time of the filing of the application, a badge shall be issued
with a deposit of twenty dollars ($20.00) per badge.
A.
Upon
receipt of such application, the original shall be referred to the
Director of Public Safety who shall cause such investigation of the
applicant's business and moral character to be made as he/she deems
necessary for the protection of the public good.
B.
If,
as a result of such investigation, the applicant character or business
responsibility is found to be unsatisfactory, the Director of Public
Safety shall endorse on such application his/her disapproval and his/her
reasons for the same and return the said application to the City Clerk
who shall notify the applicant that his/her application is disapproved
and that no license will be issued.
C.
If,
as a result of such investigation, the character and business responsibility
of the applicant are found to be satisfactory, the Director of Public
Safety shall endorse on the application his/her approval and return
said approval, along with the application, to the City Clerk who shall,
upon payment of the prescribed license fee, issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other
identifying description of any vehicle used in the business. The Clerk
shall keep a permanent record of all licenses issued, the place where
said business may be carried on under said license and the name or
names of the person or persons authorized to carry on the same.
Before any license, as provided by this Chapter, shall be issued for engaging in the businesses as defined in Section 607.030 in the City of Sikeston, Missouri, such applicant shall file with the City Clerk a bond running to the City of Sikeston, Missouri, in the sum of one thousand dollars ($1,000.00) executed by the applicant, as principal, and a surety bond upon which service of process may be made in the State of Missouri; said bond to be approved by the City Counselor, conditioned that the said applicant shall comply with all of the provisions of the ordinances of the City of Sikeston, Missouri, and the Statutes of the State of Missouri regulating and concerning the sale of goods, wares and merchandise and will pay all judgments rendered against said applicant for any violation of said ordinances or Statutes or any of them, together with all judgments and costs that may be recovered against him/her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with said applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof and guaranteeing to any citizen of the City of Sikeston, Missouri, that property purchased will be delivered according to the representations of the said applicant. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Counselor, both as to form and as the responsibility of the sureties thereon.
The license fee, which shall be charged by the City of Sikeston
for such license, shall be two dollars ($2.00) per day, four dollars
($4.00) per three (3) consecutive day period, eight dollars ($8.00)
per month or twenty-five dollars ($25.00) per year for each person
defined as a solicitor, peddler, itinerant merchant or itinerant vendor.
Thereof for each helper or assistant to those using vehicles, which
helpers must procure the permit and license as herein provided for
itinerant merchants or itinerant vendors. All solicitors and peddlers
must obtain a separate license.
Each applicant for peddler or solicitor shall be issued by the
City Clerk at the time of delivery of his/her license a badge which
shall contain the words "Licensed Peddler or Solicitor", the period
for which the license is issued and the number of the license in letters
and figures easily discernible from a distance of ten (10) feet. Such
badge shall, during the time such licensee is engaged in peddling,
be worn constantly by the licensee on the front of his/her outer garment
in such a way as to be conspicuous. Each licensee shall deposit twenty
dollars ($20.00) per badge, fifteen dollars ($15.00) will be returned
upon receipt of the badge by the City Clerk. Licensee shall have fourteen
(14) days after license expires to claim deposit.
Before any license as herein provided shall be issued for engaging in the businesses defined herein in the City of Sikeston, Missouri, such applicant shall file with the City Clerk or the person performing the duties of such position, his/her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by Section 607.060 or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of a notice of process may be made upon said agent and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license under this Chapter, according to the law of this or any other State and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Clerk as herein provided, the City Clerk shall send to the licensee at his/her last known address, by registered mail, a copy of said process.
Peddlers and solicitors are required to exhibit their licenses
at the request of any citizen and itinerant merchants or vendors shall
post conspicuously in the place of business named their license, the
original of their said license. In the event that such person or persons
applying for said license shall desire to do business in more than
one (1) place within the City, separate licenses shall be issued for
each place of business and shall be posted conspicuously in each place
of business.
No license or badge issued under the provisions of this Chapter
shall be used or worn at any time by any person other than the one
to whom it was issued.
No licensee under this Chapter nor anyone in his/her behalf
shall shout, make any outcry, blow a horn, ring a bell or use any
other sound device including any loud speaking radio or amplifying
system upon any of the streets, alleys, parks or other public places
of the City of Sikeston, Missouri, or upon any private premises in
the City where sound of sufficient volume heard upon the streets,
avenues, alleys or parks or other public places, for the purposes
of attracting attention to any goods, wares or merchandise which such
licensee purposes to sell.
[Ord. No. 6283, 12-5-2022]
No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purposes of this Chapter, the judgment of the Public Safety Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. This Section shall not apply to the operation of food trucks, which are separately governed by Chapter 655.
It shall be the duty of the public safety officers of the City
of Sikeston, Missouri, to require any person seen soliciting or peddling,
who is not known to such officer as to be duly licensed, to produce
his/her solicitor's license or peddler's license and to enforce the
provisions of this Chapter against any person found to be violating
same and to determine all places of business and persons in their
respective territories and to examine all places of business and persons
in their respective territories subject to the provisions of this
Chapter to determine if this Chapter has been complied with.
The Director of Public Safety shall report to the City Clerk
all convictions for violation of this Chapter and the City Clerk shall
maintain a record for each license issued and record the reports of
violation therein.
A.
The
permits and licenses issued pursuant to this Chapter may be revoked
immediately by the City Manager of the City of Sikeston, Missouri,
for any of the following causes:
1.
Any fraud, misrepresentation or false statement contained in the
application for license;
2.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise;
3.
Any violation of this Chapter;
4.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude; or
5.
Conducting the business licensed under this Chapter in an unlawful
manner or in such a 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.
The
license of an itinerant vendor shall be suspended until such time
as may be heard publicly and reinstated by the City Council.
C.
Notice
of hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of the 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 the hearing.
Any person aggrieved by the decision of the City Manager in regard to the denial of application for license as provided for in this Chapter or in connection with the revocation of a license as provided for in Section 607.160 shall have the right to appeal to the City Manager of the City of Sikeston, Missouri. Such appeal shall be taken by filing with the City Manager within fourteen (14) days after notice of the decision by the City Manager has been mailed to such person's last address, a written statement setting forth the grounds for the appeal. The City Manager shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 607.160 for notice of hearing on revocation. The order of the City Council on such appeal shall be final.
All licenses issued under the provisions of this Chapter shall
expire on the date of expiration displayed on license and badge.
A.
License
requirements shall be excluded:
Any person, firm or corporation violating any of the provisions
of this Chapter shall, upon conviction thereof, be punished by the
fine not to exceed five hundred dollars ($500.00) or by imprisonment
not to exceed ninety (90) days, or both such fine and imprisonment.
Notwithstanding other provisions of this Chapter to the contrary,
solicitors and peddlers shall be limited to the hours of solicitation
and peddling from 9:00 A.M. to one-half (½) hour past sunset,
Central Time Zone.
