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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2386 §1, 8-24-2008]
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.
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 "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, 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.
[Ord. No. 2386 §1, 8-24-2008]
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.
[Ord. No. 2386 §1, 8-24-2008]
No person shall act as a peddler within the City without first obtaining an identification card in accordance with this Chapter, except this Section shall not apply to any individual under sixteen (16) years of age. A solicitor or canvasser is not required to have an identification card but may request that one be issued.
[Ord. No. 2386 §1, 8-24-2008]
A. 
The fee for the issuance of each identification card shall be:
1. 
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City, no fee.
2. 
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a fee of ten dollars ($10.00) per day.
3. 
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence) or canvasser requesting an identification card, no fee.
[Ord. No. 2386 §1, 8-24-2008]
Any person or organization (formal or informal) may apply to the City Clerk for one (1) or more identification cards by completing an application form at the office of the City Clerk during regular office hours.
[Ord. No. 2386 §1, 8-24-2008]
A. 
The applicant (person or organization) shall provide the following information:
1. 
Name of applicant and telephone number where applicant may be reached;
2. 
Number of identification cards required;
3. 
The name, physical description and photograph of each person for which a card is requested. A driver's license, State identification card, passport or other government-issued photo identification card (issued by a government within the United States) containing this information may be provided in lieu of a photograph. A photocopy of the photograph will be taken;
4. 
The permanent and (if any) local address of the applicant;
5. 
The permanent and (if any) local address of each person for whom a card is requested;
6. 
A brief description of the proposed activity related to this identification card. (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 person for whom a card is requested and (if available) the Social Security number of such person;
8. 
A list of all offenses, misdemeanors, ordinance violations and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application;
9. 
The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by each person for whom a card is requested;
10. 
If a card is requested for a peddler:
a. 
The name and permanent address of the business offering the 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; and
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 card is requested for a solicitor or canvasser:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted; and
b. 
The Internet or actual address for this organization, person or group where residents having subsequent questions can go for more information;
12. 
Any other information the applicant wishes to provide (such as copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.).
[Ord. No. 2386 §1, 8-24-2008]
A. 
The City Clerk shall initiate the investigation of the truth and accuracy of the information contained in the application as soon as possible, but in no event shall such investigation delay the issuance of a card more than one (1) hour. If the investigation cannot be completed within such time, the identification card(s) shall be issued by the City Clerk immediately.
B. 
The City Clerk shall deny an identification card if a timely investigation reveals that:
1. 
The applicant has been convicted of a felony, misdemeanor or ordinance violation involving moral turpitude within the past seven (7) years;
2. 
With respect to a particular card, the individual for whom a card is requested has been convicted of any felony, misdemeanor or ordinance violation involving moral turpitude within the past seven (7) years; or
3. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
C. 
If an identification card issues before the investigation can be completed and if the investigation subsequently reveals that the card should have been denied because of one (1) or more factors listed in the preceding Subsection, then the City Clerk shall administratively revoke the card.
D. 
If the City Clerk denies or revokes a card requested by a solicitor or canvasser, the Clerk shall advise the applicant that the failure to procure an identification card does not prevent him/her from soliciting or canvassing the residents of the City, subject to the restrictions provided in Section 615.130 hereof.
[Ord. No. 2386 §1, 8-24-2008]
A. 
In addition to the administrative revocation of an identification card, a card may be revoked by the City Clerk for any of the following reasons:
1. 
Any violation of this Chapter by the applicant or by the person for whom the particular card was issued;
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity;
3. 
Conviction of any felony, misdemeanor or ordinance violation involving moral turpitude within the last seven (7) years; or
4. 
Conducting the 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.
[Ord. No. 2386 §1, 8-24-2008]
If the City Clerk denies or revokes an identification card, he/she shall immediately convey the decision to the applicant orally and prepare a written report of the reason for the denial, which shall be immediately made available to the applicant. The applicant may then request an immediate appeal of the City Clerk's decision to the City Manager. Any appeal from the decision of the City Manager shall be made to the Circuit Court of St. Louis County.
[Ord. No. 2386 §1, 8-24-2008]
Each identification card issued to a peddler shall be worn on the outer clothing of the individual, as so to be reasonably visible to any person who might be approached by said person. A solicitor or canvasser need not display an identification card.
[Ord. No. 2386 §1, 8-24-2008]
An identification card shall be valid within the meaning of this Chapter from the date of issuance for the term requested.
[Ord. No. 2386 §1, 8-24-2008]
A. 
It shall be unlawful for any peddler, solicitor or canvasser to:
1. 
Leave or attach any handbill or flyer at or to any sign, utility pole, transit shelter or other structure within the public right-of-way. The City's Police are authorized to remove any handbill or flyer found within the right-of-way;
2. 
Leave or attach any handbill or flyer at or to any privately owned property in a manner that causes damage to such privately owned property;
3. 
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", or similar language, in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers);
4. 
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" or similar language and which is clearly visible to the peddler, solicitor or canvasser;
5. 
Enter or remain upon any private property after having been orally requested or directed by the owner or occupant thereof to leave the premises;
6. 
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;
7. 
Remove any yard, door or entrance sign that gives notice to such person that the owner or occupant of the private property does not invite peddlers, solicitors or canvassers; or
8. 
Peddle, solicit or canvass on private property before 9:00 A.M. or after 8:00 P.M.
The above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the owner or occupant of the private property to enter and remain on said property.
[Ord. No. 2386 §1, 8-24-2008]
A. 
Definitions. As used in this Chapter, the following terms have the following meanings:
ORGANIZATION
Any person or entity being represented by a solicitor and on whose behalf the solicitation takes place.
RIGHTS-OF-WAY
Any street, road, alley, highway or other right-of-way located within the City limits.
SOLICITOR
Any person who attempts to make personal contact with an occupant of a motor vehicle for the purpose of selling a good or service, obtaining a donation to a particular cause or organization, distributing a handbill or flyer advertising any event, activity, cause, organization, good or service, whether commercial or non-commercial, or enlisting support for or against a particular religion, philosophy, ideology, political party, issue or candidate.
B. 
Right-Of-Way Solicitations Allowed, When.
1. 
It shall be unlawful for any solicitor to sit or stand in or next to a right-of-way to solicit the occupants of any motor vehicle being operated on any right-of-way without first having obtained a permit as provided herein.
2. 
In no event shall a permit be issued to or for the benefit of any organization, or to any solicitor representing a particular organization, for more than four (4) days in a calendar year, except that:
a. 
Permits may be issued to more than one (1) solicitor representing an organization, provided the permits so issued do not extend beyond four (4) days in each calendar year; and
b. 
A solicitor may obtain additional permits, not to exceed four (4) days in any calendar year per organization represented, while representing different organizations.
3. 
In no event shall a solicitor engage in solicitations after 7:00 P.M. or before 6:00 A.M. on any day allowed by the solicitor's permit. In no event shall a solicitor engage in solicitations except on the day or days allowed by the solicitor's permit.
4. 
No right granted by any permit shall limit or prohibit a Peace Officer from ordering a solicitor to stop solicitations or exit a specified location if in the judgment of the Peace Officer the solicitation unreasonably obstructs or delays motor vehicle traffic or otherwise threatens or impedes the public health, safety or welfare.
C. 
Application—Permit.
1. 
Any organization or solicitor may apply for a right-of-way solicitation permit by completing an application form at City Hall during regular office hours in the same manner as provided in Sections 615.050—615.070.
2. 
The applicant shall provide the name of each solicitor, the name of any organization represented by the solicitor, the date(s), time(s) and location(s) of the desired right-of-way solicitation and a telephone number for emergency contact.
3. 
On receipt of a completed application, the City shall immediately issue a permit for each solicitor, which shall specify:
a. 
The name of the solicitor and any represented organization,
b. 
The emergency contact telephone number,
c. 
The right-of-way location of the solicitation, and
d. 
The permitted date(s) and time(s) of the solicitation.
4. 
The solicitor shall display the permit on his/her person so to be reasonably visible to any person who might be approached by the solicitor and the solicitor shall produce the permit on request of any Peace Officer of the City.
5. 
The City Clerk shall immediately forward copies of permits issued hereunder to the Chief of Police and the Clerk shall maintain records of all permits issued.
D. 
Exception. This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her employment duties.
E. 
Penalty. Any person violating any part of this Chapter shall upon conviction be subject to the penalty provided in Section 100.180 of this Code.