City of Poplar Bluff, MO
Butler County
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Table of Contents
Table of Contents
Cross References — As to licenses and business regulations, ch. 605; as to license fee for hawkers, §605.040; as to license fee for transient merchants, §605.040.
State Law Reference — Authority of city to regulate itinerant vendors, peddlers, §§94.110, 150.380, RSMo.

Section 610.010 Definitions.

[Ord. No. 7594 §1, 2-2-2015]
As used in this Chapter, the following words have the meaning indicated:
CANVASSER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
MOBILE FOOD VENDOR
A person who sells food and/or drinks for immediate consumption from motorized vehicles or non-motorized carts.
PEDDLER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service. A "peddler" does not include a person who distributes handbills or flyers 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 from the time of visit. Such a person is a "solicitor."
SOLICITOR
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
2. 
Distributing a handbill or flyer advertising a commercial event or service.

Section 610.020 Exception.

[Ord. No. 7594 §1, 2-2-2015]
This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.

Section 610.030 License Required for Peddlers, Solicitors and Mobile Food Vendors, Available for Canvassers.

[Ord. No. 7594 §1, 2-2-2015]
A. 
No person shall act as a peddler or as a solicitor within the City without first obtaining a license in accordance with this Chapter.
B. 
A canvasser is not required to have a license, but any canvasser wanting a license for the purpose of reassuring City residents of the canvasser's good faith shall be issued one (1) upon request.
C. 
No person shall act as a mobile food vendor to conduct sales on residential property or a private street, unless servicing a residential property or private street as a caterer hired by the person in charge of the property or street for a private event. No person shall act as a mobile food vendor to conduct sales on any non-residential property without prior specific invitation or appointment from the person in charge of the property and a proper license for such activity, unless servicing a non-residential property as a caterer hired by the person in charge of the property for a private event. No person shall act as a mobile food vendor to conduct sales on any public street by means of stopping, standing or parking other than stops of less than five (5) minutes that do not obstruct traffic, or without a proper license for such activity. No person shall act as a mobile food vendor to conduct sales on a door-to-door basis without a peddler license.

Section 610.040 Fee.

[R.O. 2007 §25-21; Ord. No. 7594 §1, 2-2-2015]
Before any license shall be issued under the provisions of this Chapter, the applicant therefor shall pay to the City a fee as follows:
Per day
$5.00
Per week
$15.00
Per month
$50.00
Per year
$300.00

Section 610.050 Application for License.

[Ord. No. 7594 §1, 2-2-2015]
Any person or organization, formal or informal, may apply for one (1) or more licenses by completing an application form at the office of the issuing officer during regular office hours.

Section 610.060 Contents of Application.

[Ord. No. 7594 §1, 2-2-2015]
A. 
The applicant, person or organization shall provide the following information:
1. 
Name of applicant.
2. 
Number of licenses required.
3. 
The name, physical description and photograph of each person for which a license is requested. In lieu of this information, a driver's license, State identification card, passport or other government-issued identification card issued by a government within the United States containing this information may be provided and a photocopy taken.
4. 
The permanent and local street address, telephone number, and e-mail address of the applicant.
5. 
The permanent and local address, telephone number, and e-mail address of each prospective licensee.
6. 
A brief description of the proposed activity related to this license. Copies of literature to be distributed may be substituted for this description at the option of the applicant.
7. 
Date and place of birth for each prospective licensee and, if available, the social security number of such person.
8. 
A list of all infractions, offenses, ordinance violations and misdemeanors of each prospective licensee for the seven (7) years immediately prior to the application and all felony convictions of each prospective licensee without regard to the date of conviction.
9. 
The motor vehicle make, model, year, color, proof of insurance and valid State license plate number of any vehicle which will be used by each prospective licensee.
10. 
If a license is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service, i.e., the peddler's principal.
b. 
A copy of the principal's sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue.
c. 
The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.
11. 
If a license is requested for a solicitor:
a. 
The name and permanent address of the organization, person or group for whom donations or proceeds are accepted.
b. 
The web address for this organization, person or group or other address where residents having subsequent questions can go for more information.
12. 
A statement by the applicant as to whether a solicitation, peddling or mobile food vendor license for the applicant or prospective licensee has been denied or revoked by any other governmental entity, and, if so, a list of each such governmental entity in addition to the date and the reasons for each denial or revocation.
13. 
For a mobile food vendor license, a copy of a current Butler County Health Department mobile food permit shall be required for each vehicle used to conduct mobile food sales.
14. 
For a mobile food vendor license, a copy of a valid sales tax license from the State.
15. 
Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
16. 
The application shall be signed, certified as true to the best of the applicant's knowledge, and notarized.

Section 610.070 Issuance of License.

[Ord. No. 7594 §1, 2-2-2015]
A. 
The license(s) shall be issued promptly after application, but in all cases within five (5) business days of completion of an application, unless it is determined within that time that:
1. 
The applicant has been convicted of a felony, or a misdemeanor involving moral turpitude, within the past seven (7) years;
2. 
The prospective licensee has been convicted of any felony, or a misdemeanor involving moral turpitude, within the past seven (7) years;
3. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect; or
4. 
The prospective licensee has had a previous license revoked by this or any other governmental entity, for cause, which would constitute grounds for denial or revocation under this Chapter.

Section 610.080 Investigation.

[Ord. No. 7594 §1, 2-2-2015]
During the period of time following the application for one (1) or more licenses and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the five (5) business days provided in Section 610.070, the license will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a license, the investigation will proceed as described above, but if the City refuses to issue the license (or revokes it after issuance), the canvasser will be advised that the failure to procure a license does not prevent him/her from canvassing the residents of the City.

Section 610.090 Licenses of Other City.

[Ord. No. 7594 §1, 2-2-2015]
Instead of the application procedure above, if an applicant produces licenses issued by another City having an ordinance substantially the same as this one, the issuing officer may in his/her discretion immediately issue licenses without the necessity of a formal application or investigation.

Section 610.100 Denial — Administrative Revocation.

[Ord. No. 7594 §1, 2-2-2015]
If the issuing officer denies or revokes the license to one (1) or more persons, he/she shall immediately convey the decision to the applicant orally or by e-mail and shall within eight (8) working hours after the denial issue a written report of the reason for the denial to the applicant. The applicant shall have ten (10) business days after the revocation or denial to appeal to the City Council at its next regular meeting after notice of appeal or, if the next regular meeting after notice of appeal is more than ten (10) days from the notice of appeal, at a special meeting to be held within that ten-day period, due notice of which is to be given to the public and the applicant.

Section 610.110 Hearing on Appeal.

[Ord. No. 7594 §1, 2-2-2015]
If the applicant requests a hearing under Section 610.100, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the Circuit Court of Butler County. The hearing shall also be subject to the Missouri Open Meetings and Records Law.

Section 610.120 Display of License.

[Ord. No. 7594 §1, 2-2-2015]
A. 
No person shall act as a mobile food vendor, peddler, or solicitor without immediate possession of a valid license.
B. 
For peddlers and solicitors, the license shall be worn on the outer clothing of the individual and reasonably visible to any approaching person when the licensee acts as a peddler or solicitor.
C. 
For mobile food vendors, the license shall be posted on the vehicle or cart and be visible to any approaching person during business operation.

Section 610.130 Validity of License.

[Ord. No. 7594 §1, 2-2-2015]
A license shall be valid within the meaning of this Chapter for a period of six (6) months from its date of issuance or the term requested, whichever is less.

Section 610.140 Revocation of License.

[Ord. No. 7594 §1, 2-2-2015]
A. 
In addition to the administrative revocation of a license, a license may be revoked for any of the following reasons:
1. 
Any violation of any ordinance by the applicant or licensee in connection with the activity permitted by the license.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the licensed activity.
3. 
Conviction of any felony, misdemeanor or an ordinance violation involving moral turpitude following the issuance of a license.
4. 
Conducting the licensed activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
5. 
For mobile food vendors, revocation of a Butler County Health Department permit or failure to comply with sales tax law, including City sales tax.
B. 
The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the City Council in accordance with the procedures detailed in Sections 610.100 and 610.110.

Section 610.150 Distribution of Handbills and Commercial Flyers.

[Ord. No. 7594 §1, 2-2-2015]
A. 
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at, or attached to, any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at, or attached to, any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at, or attached to, any of the property having a "no solicitor" sign of the type described in Section 610.160(A)(1).
4. 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.

Section 610.160 General Prohibitions.

[Ord. No. 7594 §1, 2-2-2015]
A. 
No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.
3. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
4. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
5. 
Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00 A.M. and 9:30 P.M. in the hours of Central Daylight Time.
B. 
No mobile food vendor shall:
1. 
Conduct business except between the hours of 9:00 A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00 A.M. and 9:30 P.M. in the hours of Central Daylight Time.
2. 
Sell alcoholic beverages.
Except that the above prohibitions shall not apply when the peddler, solicitor, canvasser or mobile food vendor has an express invitation from the resident or occupant of a dwelling or from the person in charge of the property allowing entry to the property.

Section 610.170 Violation to Be Prosecuted as Trespass.

[Ord. No. 7594 §1, 2-2-2015]
Any person violating any part of this Chapter shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.

Section 610.180 Indemnification.

[Ord. No. 7594 §1, 2-2-2015]
All persons shall indemnify and hold harmless the City for all suits or actions brought against the City for or on account of damages received or sustained by any party from those persons in connection with licensed or purportedly licensed activity.