[CC 1984 §8-225; Ord. No. 3140 §8-116; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
For the purposes of this Chapter, certain words and phrases are herein defined:
- CHARITABLE SOLICITATION CAMPAIGN
- Any course of conduct involving a solicitor as herein defined whose activities in soliciting property or financial assistance of any kind or in selling or offering to sell any article, tag, service, emblem, publication, ticket, subscription or anything of value are made on the representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose. The term "charitable solicitation campaign" specifically includes activities commonly known as "tag days" and "charitable toll roads".
- PERSON SOLICITED
- Any person whom a solicitor approaches for the purpose of attempting to transact his/her business.
- Any individual traveling by foot, wagon, automobile, motor truck or any type of conveyance, from house to house or place to place; or positioned on or near street corners, public ways or places of public assembly or congregation; or located in or near the roadway or right-of-way of a roadway for the purpose of soliciting property or financial assistance of any kind; or selling or offering for sale any article, tag, service, emblem, publication or ticket; or taking or attempting to take orders for sale of goods, wares, books, charts, maps, magazines or other merchandise for future delivery or for services to be furnished or performed then or 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 collects advance payments on such sales or not. Provided however, that the provisions of this Chapter shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers and manufacturers for manufacturing purposes or to bidders for public works or supplies.
[CC 1984 §8-226; Ord. No. 3140 §8-117; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
It shall be unlawful for any solicitor to engage in activities set out in Section 610.010 in the City of Richmond Heights without having first obtained a license therefor from the City Manager.
[CC 1984 §8-227; Ord. No. 3140 §8-118; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4235 §1, 9-6-1988; Ord. No. 4423 §1, 12-2-1991]
Any person desiring to engage in a charitable solicitation campaign, as herein defined, shall submit a sworn application to the City Manager on the form provided, containing the information required in Section 610.040.
[CC 1984 §8-228; Ord. No. 3140 §8-119; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
All applications for a permit, as required by Section 610.020, shall be made at least ten (10) days prior to the date an organization or a person desires to commence a charitable solicitation campaign. Each permit application shall be sworn to and addressed to the City of Richmond Heights and shall contain the following information:
Name, mailing address and telephone number of the applicant.
If the applicant is a natural person, his/her business or residential address and corresponding telephone number;
If the applicant is a partnership, the name, principal business address and telephone number of each partner;
If the applicant is a corporation, its mailing address and telephone number and the name of the individual in charge of the City office;
If the applicant is an association, its principal business address and telephone number or the principal business or residential addresses and corresponding telephone numbers of its officers.
Brief description of purpose, plans of accomplishing solicitation and intended use of solicitation proceeds.
The name of the person or persons by whom the receipts of such campaign shall be disbursed.
The name and address of the person or persons who will be in direct charge of conducting the campaign.
The length of time for which the permit is desired.
The number of agents and solicitors to be used by applicant in the charitable solicitation campaign.
A statement of the character and extent of the work being done by the applicant organization.
Such other information as may be required by the City Manager to determine fully the kind and character of the proposed solicitation.
A statement to the effect that if a permit is granted, it will not be used nor represented in any way as an endorsement by the City or by any officer or employee thereof.
[CC 1984 §8-229; Ord. No. 3140 §8-120; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4235 §1, 9-6-1988; Ord. No. 4423 §1, 12-2-1991]
Upon receipt of the application as provided for in Section 610.040, the City Manager shall make or cause to be made such investigation as shall be deemed necessary in regard thereto. If satisfied that such charitable solicitation campaign is to be for a bona fide charitable, educational, patriotic or philanthropic purpose, that such campaign is prompted solely by a desire to finance the cause in question, that the organization conducting the campaign is under the control and supervision of responsible and reliable persons, then the City Manager, upon the payment of a fee of twenty-five dollars ($25.00) by the applicant, shall issue such permit. The permit shall designate the total number of solicitors licensed to participate in the charitable solicitation campaign as declared in the application for the charitable solicitation permit. Such permit shall be non-transferable and shall not run for more than three (3) months.
Upon receipt of an application for an extension of time filed with the City Manager at least ten (10) days prior to the expiration date of the charitable solicitation permit, the City Manager may authorize an extension of the time period for conducting the charitable solicitation campaign set forth in the charitable solicitation permit for additional periods not to exceed three (3) months each upon approval of such application and the payment of fifteen dollars ($15.00) for each such extension period by the applicant to the City Manager. Provided however, in no case shall more than three (3) such extensions be authorized with respect to the original charitable solicitations permit.
[CC 1984 §8-234; Ord. No. 4423 §1, 12-2-1991]
Soliciting from house to house between the hours of 8:00 P.M. and 9:00 A.M. is prohibited.
[CC 1984 §8-235; Ord. No. 3140 §8-121; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4235 §1, 9-6-1988; Ord. No. 4423 §1, 12-2-1991]
Every person who shall be engaged in the activity of soliciting during a charitable solicitation campaign conducted by an organization granted a charitable solicitation permit shall carry an identification card upon his/her person while engaged in such solicitation activity. The identification card shall include the name of the registrant, the name and signature of the individual solicitor, the signature of the registrant or the registrant's chief executive officer, the expiration date of the identification card, the permit number and such other information as may be required by the City Manager. In the event the registrant shall be granted one (1) or more extensions of the time period for conducting the charitable solicitation campaign, the registrant shall be required to alter the expiration date set forth in the identification card of each individual engaged in the activity of soliciting during such campaign in accordance with the written authorization of the City Manager. The identification card shall be shown, upon request, to any Police Officer or person solicited.
[CC 1984 §8-236; Ord. No. 3140 §8-122; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
No person holding a permit, nor any agent, member or representative thereof, shall advertise, represent or hold out in any manner that such permit is an endorsement of the holder by the City of Richmond Heights or any officer or employee thereof, provided however, that it shall be lawful for a permit holder to use, advertise and hold out the fact of its permit in the following words and no other: "Charitable solicitation permit No. ......", including the serial number of its permit.
[CC 1984 §8-237; Ord. No. 3140 §8-123; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4235 §1, 9-6-1988; Ord. No. 4423 §1, 12-2-1991]
The City Manager shall have the power to revoke any permit which may have been granted as herein provided. If, upon receipt of written information or upon investigation, the City Manager shall find that any agent or representative of the registrant is misrepresenting or making untrue statements with regard to the solicitation or the purposes thereof, or has made untrue statements in the application, or that in any other way the solicitation has been conducted, or is being conducted, in violation of any part of this Chapter, then the City Manager shall revoke the charitable solicitation permit. Before any permit is revoked, the City Manager shall order the permit holder to show cause why said permit should not be revoked. At least ten (10) days' notice of said order and the date of hearing shall be sent by certified mail to the person and address shown in the application as provided in Section 610.040. The permit holder shall have the right to appear to cross-examine witnesses and to produce evidence. A record of the proceedings and testimony shall be taken and transcribed in the event an appeal is filed. Any person aggrieved by any ruling, decision or other action of the Council shall have the right of appeal to the Circuit Court of St. Louis County, as provided in Sections 536.100 through 536.140, RSMo.
[CC 1984 §8-238; Ord. No. 3140 §8-124; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
Compliance with this Chapter is not required when an organization or association solicits only from its own members or only on premises which it controls or owns.
[CC 1984 §8-239; Ord. No. 3140 §8-125; Ord. No. 3786 §1, 4-19-1982; Ord. No. 4423 §1, 12-2-1991]
No solicitor shall fail or refuse to leave any building or any enclosed or improved real estate, lot or parcel of ground in the City of Richmond Heights when requested to leave by the person solicited. Notice posted on the property in a conspicuous manner and place that no solicitors are allowed shall constitute a request to leave.
[Ord. No. 4970 §1, 2-13-2006]
Definition. For purposes of this Section only, "roadway" shall mean the portion of a street or highway improved, designed or ordinarily used for vehicular travel and extending from one (1) curb or edge of pavement to the opposite curb or edge of pavement, including lanes commonly used for parking and including center medians and lane dividers.
Prohibited Conduct. No person shall stand in or enter upon a roadway for the purpose of soliciting rides, employment, business or charitable contributions from, or delivering any item to, the occupant of any vehicle, except from or to the occupants of motor vehicles parked off the traveled portion of a roadway adjacent to a location commonly used for pedestrian travel.