[R.O. 2007 § 605.145; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Article I of Chapter 605 of the City Code shall apply to this Article and any license issued hereunder including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section 605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article I of Chapter 605 to the contrary. Any provision of this Article which addresses the same topic as Article I of Chapter 605 but which is not in conflict with the provisions of Article I of Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Article I of Chapter 605.
[R.O. 2007 § 605.150; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001; Ord. No. 6475 § 2, 1-21-2016]
It is the policy of the City to regulate the activities of peddlers/solicitors in such a way as to be fully apprised of such activities in order to protect and further the health, safety and welfare of its residents by preserving the right of residents and other persons within the City to peaceful enjoyment of privacy and freedom from harassment. No restraint of trade and no detriment to beneficial causes is intended by this policy, other than as necessary and appropriate to ensure the convenience and domestic tranquility of such residents and persons.
[R.O. 2007 § 605.153; CC 1979 § 22-2; Ord. No. 760 § 3(B), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001]
A. 
The provisions of this Article shall not apply to the following activities, with the exception of those portions identified as "Regulations for Peddling/Soliciting" and as "Duty of Police to Enforce" which shall apply:
1. 
Charitable and canvas activities of itinerant vendors as defined in Section 605.001 of this Chapter;
2. 
Officers or employees of a City, County, State or Federal Government, or any subdivision thereof, when on official business;
3. 
Any solicitation conducted entirely by mail or by telephone; or
4. 
Any news-gathering activity for any news medium.
[R.O. 2007 § 605.155; CC 1979 § 22-22; Ord. No. 760 § 3(C), 12-9-1982; Ord. No. 2716 § 3(22-22), 7-10-1997; Ord. No. 3067 § 3, 7-8-1999; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001]
A. 
Except as otherwise provided in this Article, every individual desiring to engage in any type of peddling/soliciting, as defined in Article I of Chapter 605, to owners and occupants of residences within this City is hereby required to:
1. 
Make written application to the City for a license as hereinafter provided; and no person shall be permitted to engage in peddling/soliciting unless that person has been issued a license.
2. 
Carry such license on his/her person and, upon demand, exhibit his/her license to any Police Officer, other City Official or any owner or occupant upon whose property he/she is peddling/soliciting.
3. 
Carry on his/her person an identification card with a photograph which has been approved and/or provided by the City as part of the license issuance with the name of the individual and the name of the organization, corporation, association or group for which the person will be peddling/soliciting.
4. 
Immediately prior to any peddler/solicitor requesting any information from any owner or occupant of any residential property within the City, he/she shall present his/her identification card or badge to the owner or occupant and request that the owner or occupant read the identification card or badge.
[R.O. 2007 § 605.160; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6475 § 3, 1-21-2016]
A. 
Licenses issued pursuant to this Article shall be for a license term not to exceed four (4) consecutive days. The fee for each license term is listed on the fee schedule at Section 605.013. If two (2) or more such licenses are sought within a calendar year by the same licensee, whether or not applied for via different agents or representatives, then the second and each successive license thereafter shall be for a period of four (4) consecutive days, and shall be charged the fee described on the fee schedule at Section 605.013, known and described as an additional four-day period license.
B. 
Notwithstanding anything in Subsection A of this Section to the contrary, the provisions of Section 605.155(A)(1) and 605.165(A) and (B) of this Chapter shall not apply to any person exempt from imposition of a fee, license, gross receipt tax, or franchise requirement under Section 67.2681, RSMo., provided, however, prior to engaging in any peddling or soliciting in the City, such person must provide to the City Clerk the information required in Section 605.165(A)(5) of this Chapter.
[R.O. 2007 § 605.165; CC 1979 § 22-24; Ord. No. 760 § 3(D), 12-9-1982; Ord. No. 805 § 2, 6-2-1983; Ord. No. 1866 § 4, 4-23-1992; Ord. No. 2716 § 5, 7-10-1997; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001; Ord. No. 6120 § 18, 4-24-2014; Ord. No. 7253, 12-19-2019]
A. 
Application For A License And Filing Fee. Any person desiring to engage in peddling/soliciting in this City shall file, on a form to be supplied by the City Clerk, an application with the City Clerk stating the following and shall pay the appropriate non-refundable filing fee defined within Section 605.160:
1. 
Name of the applicant.
2. 
Permanent home address of the applicant.
3. 
Name and address of the individuals, firm, corporation, organization, association or group represented, if other than self.
4. 
Nature of merchandise to be sold or offered for sale, the nature of the services to be furnished, or purpose for peddling/soliciting.
5. 
Date on which he/she desires to commence peddling/soliciting.
6. 
Period of time for which a certificate is requested.
7. 
The make, model, year, color and license number and state of licensing of the applicant's motor vehicle.
8. 
Place or places of residence of the applicant for the preceding three (3) years.
9. 
Names of other communities in Missouri in which the applicant has worked as a peddler/solicitor in the past two (2) years.
10. 
Names of other communities in Missouri in which the individual, firm, corporation, organization, association or group for which the applicant is peddling/soliciting has engaged in peddling/soliciting in the past two (2) years.
11. 
Whether or not the applicant has ever been convicted of a violation of a felony under the laws of the State of Missouri, or any other state or Federal law of the United States.
12. 
Said application shall also be accompanied by a letter or other written statement from the individual, firm, corporation, organization, association or group for which the applicant will be peddling/soliciting certifying that the applicant is authorized to act as a representative of that individual, firm, corporation, organization, association or group.
13. 
When more than one (1) individual plans to peddle/solicit for the same corporation, organization, association or group, each such individual must fill out an application and each such individual shall pay the filing fee set out in Section 605.160.
14. 
Applicant's State sales and use tax number as required by Chapter 144, RSMo.
15. 
The applicant shall sign and submit a statement that the applicant agrees and declares that the application contains facts and information that he/she believes to be true and correct; and all attachments are true and accurate to the best of the applicant's knowledge, information and belief.
16. 
The application shall also be accompanied by a criminal history record information (CHRI) name check for licensing purposes pursuant to 11 CSR 30-4.070(3), as amended, for the applicant, issued not more than six (6) months prior to the date of application and substantially similar reports from each state in which the applicant has been a resident at any time within the five (5) years prior to the date of the application.
B. 
Processing Of Application Of Peddler/Solicitor. Each application for peddler/solicitor shall be referred by the City Clerk to the Chief of Police for a recommendation as to the good moral character of the applicant.
C. 
Identification. Any person issued a license pursuant to this Section shall, at all times when engaging in peddling/soliciting in this City, have on their person and readily available for inspection a State-issued photo identification and wear identification that is clearly visible. Such worn identification card shall contain the name of the individual and the name of the organization, corporation, association or group for which the individual will be peddling/soliciting.
D. 
Issuance Of License. Such license shall be issued by the Clerk unless he/she finds one (1) or more of the following:
1. 
Intentional misstatements or misleading statements of fact in the application;
2. 
That the applicant is not of good moral character; or
3. 
The applicant has failed to pay the required application fee.
[R.O. 2007 § 605.170; CC 1979 § 22-16; Ord. No. 760 § 3(E), 12-9-1982; Ord. No. 2716 §§ 1 — 2(22-16), 7-10-1997; Ord. No. 3067 §§ 1 — 2, 7-8-1999; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001]
A. 
It is hereby declared to be unlawful for any person licensed as a peddler/solicitor to enter inside a residence within the City, not having been invited or requested to do so by the owner or occupant of such residence.
B. 
Any peddler/solicitor, who has gained lawful entrance to any residence, shall immediately and peacefully depart from the residence when requested to do so by the owner or occupant thereof, or failing same shall be guilty of an ordinance violation.
C. 
When any peddler/solicitor shall receive partial payment for goods, wares, merchandise, foodstuffs, service or subscription from any person within the City, he/she shall execute and give to such person a written receipt therefor, which receipt shall be signed by the peddler/solicitor and shall set forth a brief description of the item or items ordered, the total purchase price thereof, including the principal and separately any interest or service charge, and the amount of the partial payment received by the peddler/solicitor from such person.
D. 
Every owner or occupant who desires to prevent peddling/soliciting on their property shall comply with the following requirements:
1. 
Notice of the determination by the owner or occupant of the refusal of an invitation to peddlers/solicitors to enter upon the property shall be given by notice posted on the property in the manner following:
A weatherproof card, approximately three (3) inches by four (4) inches in size with letters at least two (2) inches in height shall be exhibited upon or near the main entrance door to the building, indicating such a determination by the owner or occupant, and containing the following words: "No Solicitors Invited."
For purpose of uniformity the cards shall be provided by the City to persons requesting them at no cost. Posting of this card shall constitute sufficient notice to any peddler/ solicitor of the determination by the owner or occupant of the property of the information contained on it.
E. 
It shall be the duty of any person engaging in the business of peddling/soliciting, whether licensed under this Article as a peddler/solicitor or not, upon going onto any property in the City to first examine and look for the notice provided for in this Section, if any is posted, and be governed by the statement contained on any notice. If the notice states "No Solicitors Invited", then such person, whether licensed or not, shall immediately and peacefully depart from the premises, or failing same shall be guilty of an ordinance violation.
[R.O. 2007 § 605.175; CC 1979 § 22-25; Ord. No. 760 § 3(F), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001]
A. 
It shall be the duty of the City Police, as well as the City Clerk, to see that the provisions of this Article pertaining to peddler/solicitor are enforced and obeyed. The Police shall at all times keep vigilant watch for any violation and shall issue summons in case of any violation detected, whether or not any complaint has been made.
B. 
The Clerk of the Municipal Court shall report to the City Clerk all convictions for violation of this Article pertaining to peddler/solicitor, and the City Clerk shall maintain a record for each license issued and record their reports of violation therein.
[1]
Editor’s Note: Former § 605.180, Denial, Revocation or Expiration of License For Peddler/Solicitor, as adopted and amended R.O. 2007 § 605.180; CC 1979 § 22-26; Ord. No. 760 § 3(G), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488, § 2, 7-26-2001, was repealed 4-24-2014 by § 19 of Ord. No. 6120.
[R.O. 2007 § 605.185; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3488 § 2, 7-26-2001; Ord. No. 3729 § 1, 10-24-2002; Ord. No. 3792 § 2, 2-27-2003; Ord. No. 5402 § 3, 5-27-2010; Ord. No. 6120 § 20, 4-24-2014; Ord. No. 7253, 12-19-2019]
A. 
Application Fee. Any person(s) desiring to operate as an itinerant vendor in the City shall file, on a form to be supplied by the City Clerk, an application with the City Clerk stating the following and shall pay the appropriate non-refundable filing fee defined within Subsection (I) of this Section:
1. 
Name of the applicant;
2. 
Permanent home address of the applicant;
3. 
Name and address of the individuals, firm, corporation, organization and association or group represented, if other than self;
4. 
Nature of merchandise to be sold or offered for sale, the nature of services to be furnished, or purpose for conducting business;
5. 
Date on which he/she desires to commence conducting business; and date of previous license issued during this calendar year, if any;
6. 
Each and every location where such activities shall be conducted;
7. 
Period of time for which a license is requested;
8. 
Zoning category where the activity is to be conducted and to be accompanied by written permission of the property owner for use of the property, if other than the applicant;
9. 
Applicant's State sales and use tax number as required by Chapter 144, RSMo.;
10. 
The applicant shall sign and submit a statement that the applicant agrees and declares that the application contains facts and information that he/she believes to be true and correct; and all attachments are true and accurate to the best of the applicant's knowledge, information and belief; and
11. 
The applicant also declares that they comply with all applicable Federal, State and county requirements to operate a business in the City of St. Peters, Missouri, including but not limited to registration with the Missouri Secretary of State for a business entity and/or fictitious name registration, obtain an Employee Identification Number (EIN), and registration for all applicable Missouri business taxes.
B. 
Vacant lot/parking lot requirements must be met when applicable.
C. 
If a structure is to be constructed, a building permit must be obtained and other Building and Fire Department requirements must be met.
D. 
An occupancy permit must be obtained prior to issuance of a license.
E. 
Upon determination that all requirements have been met, the City Clerk shall issue the license.
F. 
Itinerant vendors may not be licensed in residentially zoned areas.
G. 
Applicants seeking to operate as an itinerant vendor shall seek and obtain use review and approval from the Planning and Zoning Commission for each and every proposed location at which the proposed vending activities are to be conducted prior to conducting such activities. The use review and approval at the Planning and Zoning Commission shall not be necessary for:
1. 
Entities and individuals that possess a validly issued annual business license from the City of St. Peters who seek to conduct vending activities outside of any permanent structure located on the licensed real property for a period of time not to exceed five (5) days and the said vending activities to be conducted are related to the business activities regularly conducted by the licensed entity or individual;
2. 
Charitable entities that have registered with the City of St. Peters by providing a valid not-for-profit letter from the State of Missouri and seek to operate as itinerant vendors for no more than five (5) days; or
3. 
Entities and individuals seeking to operate inside of an enclosed shopping mall for which a valid business license has been issued by the City and which shopping mall is located in a "C-4" District.
H. 
There shall exist two (2) different itinerant vendor licenses issued pursuant to this Section with the first being for a license term not to exceed four (4) consecutive days, the second being for a license for a location within a "C-4" Zoning District. The fee for each license term is listed on the fee schedule at Section 605.013 applicable to itinerant vendors. If two (2) or more such licenses are sought within a calendar year by the same licensee, whether or not applied for via different agents or representatives, then the second and each successive license thereafter shall be for a period of four (4) days and shall be known and described as an additional four-day license, or if for a location within a "C-4" Zoning District, which shall be known and described as a "C-4 license," and shall be charged the fee described on the fee schedule at Section 605.013.
[Ord. No. 5402 § 4, 5-27-2010; Ord. No. 6120 § 21, 4-24-2014; Ord. No. 6831, 9-28-2017; Ord. No. 6898 § 2, 1-25-2018; Ord. No. 7253, 12-19-2019]
A. 
Application. Any person(s) desiring to operate as a multi-vendor operator in the City shall file, on a form to be supplied by the City Clerk, an application with the City Clerk stating the following and shall pay the appropriate non-refundable filing fee defined within Section 605.013 of this Chapter:
1. 
Name of the applicant;
2. 
Permanent home address of the applicant;
3. 
Name and address of the individuals, firm, corporation, organization and association or group represented, if other than self;
4. 
Nature of merchandise to be sold or offered for sale, the nature of services to be furnished, or purpose for conducting business;
5. 
Date on which he/she desires to commence conducting business and date of previous license issued during this calendar year, if any;
6. 
Each and every location where such activities shall be conducted;
7. 
Period of time for which a license is requested;
8. 
Zoning category where the activity is to be conducted and be accompanied by written permission of the property owner for use of the property, if other than the applicant;
9. 
Applicant's State sales and use tax number as required by Chapter 144, RSMo.; and
B. 
Licensing Fees.
1. 
For temporary events conducted one (1) day to four (4) days under the licensing of a multivendor operator, and for temporary events conducted one (1) day to seven (7) days under the licensing of a multivendor operator inside of an enclosed shopping mall for which a valid business license has been issued by the City and which enclosed shopping mall is located in a "C-4" District, a vendor may conduct business on the temporary event multivendor operator license obtained by the operator, who shall meet all the provisions of this Section for such license. Within ten (10) days after the completion of any temporary event, the multivendor operator shall provide a listing of the name, address, State sales tax numbers and type of goods sold for each vendor participating in the event and remit the required fees. The multivendor operator of the temporary event shall pay the fee for the event as listed on the fee schedule at Section 605.013.
2. 
For annual events under the licensing of a multivendor operator, a vendor may conduct business on the multivendor operator license who has met all the provisions of this Section for such license. Within ten (10) days of the final day of each month, the multivendor operator shall remit the fee for the previous month as listed on the fee schedule at Section 605.013. The operator shall also provide a list of vendors utilizing stalls/spaces within the facility for that month listing name, address, State sales tax number and type of goods sold for each vendor.
C. 
Vacant lot/parking lot requirements must be met when applicable, except as authorized for temporary or annual events by the Planning and Zoning Commission.
D. 
If a structure is to be constructed, a building permit must be obtained, and other Building and Fire Department requirements must be met.
E. 
An occupancy permit must be obtained prior to issuance of a license.
F. 
Upon determination that all requirements have been met, the City Clerk shall issue the license.
G. 
Multivendor operators may not be licensed in residentially zoned areas.
H. 
The operator shall advise in writing all vendors utilizing the property of the State of Missouri requirements for proper reporting of sales tax as outlined in the Missouri Tax Special Event Information and to provide evidence thereof to the City upon request.