[Ord. No. 2944 §2, 5-20-2009]
As used in this Chapter, the following words have the meaning
indicated:
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 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
Distributing a handbill or flyer advertising a non-commercial
event or service.
The City of Ellisville but shall also refer to the employee
designated by the City Manager to administer the provisions of this
Chapter.
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 purpose of attempting to sell a good or
service. A "peddler" does not include a "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:
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
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. 2944 §2, 5-20-2009]
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. 2944 §2, 5-20-2009]
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. 2944 §2, 5-20-2009]
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 twenty-five dollars ($25.00)
for the costs of card issuance, plus a licensing 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. 2944 §2, 5-20-2009]
Any person or organization (formal or informal) may apply for
one (1) or more identification cards by completing an application
form at City Hall during regular office hours.
[Ord. No. 2944 §2, 5-20-2009]
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 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:
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. 2944 §2, 5-20-2009]
A.
The City
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 two (2) hours. If the investigation cannot be completed
within such time, the identification card(s) shall be issued by the
City immediately.
B.
The City
shall deny an identification card if a timely investigation reveals
that:
1.
The
applicant has been convicted of a felony or a misdemeanor 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 or a misdemeanor 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 shall administratively revoke
the card.
D.
If the City denies or revokes a card requested by a solicitor or canvasser, the City shall advise the applicant that the failure to procure an identification card does not prevent him or her from soliciting or canvassing the residents of the City, subject to the restrictions provided in Section 630.120 hereof.
[Ord. No. 2944 §2, 5-20-2009]
A.
In addition
to the administrative revocation of an identification card, a card
may be revoked by the City 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; or
3.
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. 2944 §2, 5-20-2009]
If the City denies or revokes an identification card, the decision
shall be immediately conveyed to the applicant and a written report
of the reason for the denial shall be prepared and immediately made
available to the applicant. The applicant may then request an immediate
appeal of the 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. 2944 §2, 5-20-2009]
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. 2944 §2, 5-20-2009]
An identification card shall be valid within the meaning of
this Chapter from the date of issuance for the term requested.
[Ord. No. 2944 §2, 5-20-2009]
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 5:00
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. 2944 §2, 5-20-2009]
Any person violating any part of this Chapter shall, upon conviction, be subject to the penalty provided in Section 100.110 of this Code.
