[R.O. 2008 §15-146; Ord. No. 5351 §1, 2-10-2014]
Definitions. For purposes of this Chapter,
the following definitions apply:
Any person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident or property owner for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, whether
or not if incidental to such purpose the canvasser accepts the donation
of money for or against such cause; or
Distributing a handbill or flier advertising a non-commercial
event or service.
Any pamphlet, circular, leaflet, booklet, paper or other
printed or written material, but shall not include newspapers, magazines
and periodicals.
Any person who goes upon any private premises (residential
or business) to distribute any handbill, without attempting to make
personal contact with any resident, occupant or property owner.
Any person who sells food and/or drinks for immediate consumption
from motorized vehicles or non-motorized carts (pertaining to each
vehicle or cart, not the central location from which they are serviced
which, if located in the City, would be subject to the Zoning Code;
see NAICS 722330).
As defined in Section 100.020.
Any person who goes upon the private premises (residential
or business) of another and attempts to make personal contact with
a resident or occupant without prior specific invitation or appointment
from the resident, occupant or property owner for the primary purpose
of:
Attempting to sell or offering for sale any goods, food or drink,
wares, merchandise, magazines, chances, raffle tickets or service;
or
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, whether or not if incidental
to such purpose there is the sale of some good or service; or
Soliciting orders and making deliveries of merchandise, services
or products to a person at a later date; or
Distributing handbills or fliers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
than the time of the visit.
[R.O. 2008 §15-147; Ord. No. 5351 §1, 2-10-2014]
A.
Solicitors - Invitation—Appointment. It shall
be unlawful for any solicitor to go upon the private premises (residential
or business) of another and attempt to make personal contact with
a resident or occupant without prior specific invitation or appointment
from the resident, occupant or property owner for the primary purpose
of acting as a solicitor without first obtaining at the City Finance
Department a proper license for such activity.
B.
Mobile Food Vendors. It shall be unlawful for any
mobile food vendor to conduct sales on any residential property or
private street, except to the extent servicing a residential property
or private street as a caterer hired by the person(s) in charge of
the property or street for a private event. It shall be unlawful for
any mobile food vendor to conduct sales on any non-residential property
without prior specific invitation or appointment from the person(s)
in charge of the property and a proper license for such activity obtained
at the City Finance Department, except to the extent servicing a non-residential
property as a caterer hired by the person(s) in charge of the property
for a private event. It shall be unlawful for any mobile food vendor
to conduct sales on any public street by means of stopping, standing
or parking other than temporary stops (not to exceed five (5) minutes)
that do not obstruct traffic; or without a proper license for such
activity obtained at the City Finance Department. A person associated
with a mobile food vendor shall not solicit customers on a door-to-door
basis without a separate solicitation license.
C.
Canvassers—Handbillers. A canvasser or handbiller
is not required to have a license, but any canvasser or handbiller
wanting a license for the purpose of reassuring City residents of
the canvasser's or handbiller's good faith shall be issued one upon
request.
D.
Exceptions. This Chapter shall not apply to a Federal, State or local government employee acting in the performance of his/her duty for his/her employer nor shall it apply to any person under the age of sixteen (16) years soliciting for a non-profit or charitable organization as defined in Section 610.030(B)(3).
[R.O. 2008 §15-148; Ord. No. 5351 §1, 2-10-2014]
A.
License Application. Each person desiring to act
as a solicitor or mobile food vendor within the City limits shall
apply for a license for such activity at the City Finance Department
before undertaking such activity, shall produce an official photographic
identification card such as a driver's license, State identification
card, passport or other identification card (issued by a government
within the United States) and complete an application containing the
following:
1.
Full name of the applicant, including any nickname or alias
used during the past ten (10) years.
2.
Date and place of birth and (if available) the Social Security
number of such person.
3.
The current permanent and local address (if any), home telephone
number and cellular phone number of the applicant.
4.
A brief description of the proposed soliciting or mobile food
vending activity. (Copies of any literature to be distributed may
be included as part of this description at the option of the applicant.)
5.
A statement as to whether or not the applicant has ever been
convicted of any felony or misdemeanor (excluding minor traffic offenses)
and, if so, the nature of the offense, the penalty imposed and when
and where the conviction or convictions occurred.
6.
The make, model, year, color, identification number, proof of
insurance and State license plate number of each motor vehicle which
shall be used in the applicant's proposed activity.
7.
A statement by the applicant as to whether or not a solicitation
or mobile food vendor license for such person has been denied or revoked
by any other governmental entity and, if so, the name of each governmental
entity denying or revoking said license, the reason for each denial
or revocation and the date(s) of same.
8.
A statement as to the duration of the intended soliciting or
mobile food vending.
9.
If funds are to be solicited for donation:
11.
The application shall be signed in the format required by the
City, and the applicant shall certify that all statements are true
to the best of their knowledge.
[Ord. No. 5866, 12-11-2023]
B.
Fees.
1.
License required. Any person who desires to solicit within the City limits for any of the purposes mentioned in the definitions of "solicitor" in Section 610.010 of this Chapter or who needs a license for mobile food vending as provided in Section 610.020 shall apply for a license for such activity at the City Finance Department before undertaking such activity. A mobile food vendor does not also require a City business license, unless the central location that services the vehicles and carts is located in the City. A mobile food vendor may not sell alcohol without separate license and any required approvals.
2.
Fees. Solicitors shall pay a fee of twenty-five
dollars ($25.00) for a license valid for three (3) months for each
person to be authorized to solicit within the City limits. Solicitors
may elect to pay a fee of fifty dollars ($50.00) for a license valid
for twelve (12) months for each person to be authorized to solicit
within the City limits. Mobile food vendors shall pay a fee of fifty
dollars ($50.00) for a license valid for twelve (12) months for each
vehicle or cart to be used in the City. All fees shall be paid in
advance for the period of soliciting or vending set forth in the license
application.
3.
Exempt from fees. All non-profit and charitable
organizations recognized as such by either the United Way Fund, Internal
Revenue Service, the Better Business Bureau of St. Louis or any other
recognized charitable screening organization shall be exempt from
the terms of this Subsection regarding solicitation fees only.
[R.O. 2008 §15-149; Ord. No. 5351 §1, 2-10-2014]
During the period of time following the application for a license to solicit or conduct mobile food vending, the Chief of Police shall supervise an investigation as to the truth and accuracy of the information contained on the application as required in Section 610.030 herein to determine whether or not the applicant is entitled to the license as hereinabove stated. If the Chief of Police has not completed his/her investigation within five (5) business days, the license will nonetheless be issued by the Finance Director, subject, however, to revocation upon completion of such investigation. Such a revocation may be implemented without hearing and shall have the same effect as a denial.
[R.O. 2008 §15-150; Ord. No. 5351 §1, 2-10-2014]
A.
Five (5) business days after the application is submitted to the
City or sooner if reasonably possible, the requested license shall
be issued by the Finance Director unless:
1.
The application is incomplete.
2.
The applicant has been convicted of any felony or any misdemeanor
involving moral turpitude, trespassing or any offense against the
person or property of another within the past seven (7) years.
3.
If any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
4.
If the particular individual for whom a license is requested
has or has had a previous license revoked in this or any other governmental
entity for cause which could be grounds for denial or revocation under
this Chapter.
[R.O. 2008 §15-151; Ord. No. 5351 §1, 2-10-2014]
A.
If the Finance Director denies (or upon completion of an investigation
revokes) a license, he/she shall prepare promptly (and in no event
later than two (2) business days after the denial or revocation) a
written report of the reason(s) for the denial or revocation, which
shall be immediately made available to the applicant.
B.
Any license granted hereunder may be revoked by the Finance Director
for any of the following causes:
1.
Any violation of City ordinances by the person for whom the particular license was issued in connection with the exercise of the authority granted by the license. Mobile food vendors shall be subject to all provisions of the City's sign regulations, Section 405.910 et seq., and are not exempt from Section 405.930(D)(6).
2.
Fraud, misrepresentation or incorrect statements made in the
course of carrying on the licensed activity.
3.
Conviction of a felony without limitation as to time or a misdemeanor
involving moral turpitude, trespassing or any offense against the
person or property of another (within the last seven (7) years).
4.
Conducting the licensed activity in such a manner as to constitute
a breach or disturbance of traffic or the peace or a menace or nuisance
to the health, safety or general welfare of the public.
5.
For a mobile food vendor, revocation of St. Louis County Health
Department permit, or failure to comply with sales tax laws.
[R.O. 2008 §15-152; Ord. No. 5351 §1, 2-10-2014]
If a license is denied or revoked, said applicant shall have
at his/her option an appeal relative to the denial or revocation of
the license before the City Administrator. Such appeal shall be filed
in writing within ten (10) days of the denial or revocation.
[R.O. 2008 §15-153; Ord. No. 5351 §1, 2-10-2014]
If the applicant requests a hearing before the City Administrator under Section 610.070, the hearing shall be held in accordance with the Administrative Procedures Act of the State of Missouri, Chapter 536, RSMo., and review from the decision shall be had to the Circuit Court of St. Louis County, Missouri, on the record.
[R.O. 2008 §15-154; Ord. No. 5351 §1, 2-10-2014]
Except for three-month solicitation licenses, a license issued
hereunder shall be valid for a period of one (1) year from its date
of issuance by the City or on the dates for which the license is issued
and the proper fees paid, whichever is less.
[R.O. 2008 §15-155; Ord. No. 5351 §1, 2-10-2014]
A.
No solicitor, canvasser, mobile food vendor or handbiller shall enter
upon any private property where the property is clearly posted by
a sign visible and legible from the right-of-way, public or private,
indicating a prohibition against soliciting, canvassing, mobile food
vending or handbilling at said property. It shall be sufficient for
such sign to contain the words "no solicitors" in letters of at least
two (2) inches in height.
B.
If any solicitor, canvasser, mobile food vendor or handbiller shall enter any private property, which property is not posted by a sign, as provided in Subsection (A) above, but where they are notified by means of a sign or sticker placed upon any door or entranceway leading into the residence or commercial unit at which guests or customers would normally enter the residence or commercial unit, which sign or sticker contains letters of not less than one-fourth (1/4) inch in height and contains the words "no solicitors" and which is visible to any solicitor, canvasser, mobile food vendor or handbiller, then the solicitor, canvasser, mobile food vendor or handbiller shall forthwith remove himself/herself from the property without disturbing the occupants. A prohibition against any soliciting activity shall be interpreted as a prohibition against any soliciting, handbilling, mobile food vending or canvassing activities, unless otherwise stated therein.
C.
Handbills shall only be left at the front entrance of a residence or commercial unit, unless the premises does not have a front entrance or it is obvious that the front entrance is not used, in which case the handbill shall be left at such entrance as is most obviously used as a guest or customer entrance. No handbiller shall throw, deposit, place, scatter or distribute any handbill upon any private premises, including private premises open to the public and including on any automobile or other motor vehicle on such premises, in any other manner besides that described in the preceding sentence unless authorized in writing by the property owner or legal occupant to do so. No handbiller shall distribute, deposit or place any handbill in or on an automobile or other motor vehicle that is parked on any street or in any public place unless authorized in writing by the owner or operator of the vehicle. No handbiller shall affix any handbill to any tree, lamppost, utility pole or any other surface as specified in the Code of Ordinances Section 405.930(D).
D.
Even though a solicitor or mobile food vendor obtains the consent of the person(s) in charge of a property to solicit in a multitenant dwelling, building or development, the solicitor or mobile food vendor shall not solicit from any tenant therein whose property is posted in the manner provided in Subsection (B) above. For the purpose of this Subsection, a multitenant dwelling or building shall be any building containing two (2) or more units within said building. A multitenant development shall be construed as two (2) or more multitenant structures owned or managed by the same person(s), firm or corporation.
E.
Any solicitor, mobile food vendor or canvasser shall use the front
entrance of the residence or commercial unit, unless the residence
or commercial unit does not have a front entrance or it is obvious
that the front entrance is not used, in which case the solicitor,
mobile food vendor or canvasser shall use such entrance as is most
obviously used as a guest or customer entrance to the residence or
dwelling unit, but no solicitor, mobile food vendor or canvasser shall
go from door to door at a location in an attempt to avoid a no solicitation
notice.
F.
No solicitor, canvasser, mobile food vendor or handbiller shall remove
any yard sign, door or entrance sign or sticker which is placed there
by a resident, owner or tenant as a notice that such owner or tenant
does not invite or allow solicitation, canvassing, mobile food vending
or handbilling.
G.
Any solicitor, canvasser, mobile food vendor or handbiller who shall
violate any of the provisions of this Section and any Subsections
hereof shall commit a trespass on such property and upon conviction
thereof shall be penalized as hereafter provided by the ordinances
of the City.
H.
The above provisions of this Section 610.100 shall not apply to any solicitor, canvasser, mobile food vendor or handbiller who shall have received an invitation from the occupant prior to entering upon any posted property for purposes of soliciting, canvassing, mobile food vending or handbilling.
[R.O. 2008 §15-156; Ord. No. 5351 §1, 2-10-2014]
No person shall solicit, canvass, conduct mobile food vending
other than as a hired caterer at a private event or distribute handbills
within the corporate limits of the City except between the hours of
9:00 A.M. and the time designated as sunset published for that date
in the St. Louis Post-Dispatch or 7:30 P.M., whichever is earlier.
The City Finance Department may issue temporary permits for additional
hours of operation by licensed mobile food vendors in connection with
public fairs, farmer's markets, and similar public events, at no additional
fee, upon determining that issuing such permits will not be contrary
to public safety, convenience, and welfare. When not in lawful use,
mobile food vendor's vehicles and carts either shall be stored at
a central location within the City authorized for such business in
compliance with the Zoning Code, or, if none, then they shall be removed
from the City.
[R.O. 2008 §15-157; Ord. No. 5351 §1, 2-10-2014]
A.
No person shall solicit or operate as a mobile food vendor within the corporate limits of the City without having in his or her possession a copy of a valid City license as required by this Chapter 610. A solicitor license shall be worn on the outer clothing of the individual so as to be reasonably visible to any person. Any solicitor shall also have in his/her possession an official photographic identification card as described in Section 610.030(A) and shall produce said solicitor's license and identification upon request by a Creve Coeur Police Officer. A mobile food vendor license shall be posted on the vehicle or cart so as to be readily visible by the public during operations.
B.
No person holding a license or an agent, member or representative
of the same shall advertise, represent or hold out in any manner that
such license is an endorsement of the holder by the City.
C.
The form of license shall include a color photo ID with the individual's
name, appropriate class of license and confirmation of issuance by
the City.
Any pedestrian who attempts to solicit or otherwise engage in conversation with occupants of motor vehicles on any street or highway in the City shall comply with all applicable laws and the ordinances of the City including but not limited to Chapter 345, Pedestrians' Rights and Duties, Section 210.030, Harassment, and Section 210.200, Peace Disturbance.
[1]
Editor's Note: Ord. No. 5750 also changed the title of this
Section from "Authority to Prohibit Solicitation on Streets" to "
