City of St. Charles, MO Article III Door-To-Door Residential Sales

Section 640.080 Definitions.

[R.O. 2011 § 640.090; R.O. 2009 § 119.50; CC 1981 § 20-95.1(a); Ord. No. 3434, 10-18-1966; Ord. No. 73-38, 6-20-1973; Ord. No. 86-277, 10-16-1986; Ord. No. 05-50, 2-4-2005; Ord. No. 07-168, 6-13-2007; Ord. No. 22-073, 6-7-2022[1]]

For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

RESIDENTIAL SALES

The act of any person, except minors, selling or offering to sell any article, service, publication, advertisement, ticket or subscription of any kind for any purpose by going door-to-door in areas designated as residential districts by the Zoning Code set forth in Chapter 400 of the City Code of Ordinances.

RESIDENTIAL SALESPERSON

Any person, except minors, who engages in the act of residential sales.

[1] Editor's Note: Ord. No. 22-073 also changed the title of Article III from "Solicitors" to "Door-To-Door Residential Sales."

Section 640.090 Registration. [1]

[R.O. 2011 § 640.100; R.O. 2009 § 119.51; CC 1981 § 20-95.1(b); Ord. No. 3434, 10-18-1966; Ord. No. 73-38, 6-20-1973; Ord. No. 86-277, 10-16-1986; Ord. No. 05-50, 2-4-2005]

A. It shall be unlawful for any person to engage in residential sales by going door-to-door in areas designated as residential districts by the Zoning Code set forth in Chapter 400 without first having registered and obtained a permit from the City.

[Ord. No. 22-073, 6-7-2022]

B. Any person required to register and obtain a permit under Subsection (A) above shall make application to the Chief of Police upon a form approved by the Chief of Police. The application shall include only the following information:

1. Name of applicant.

2. All residential addresses of applicant for previous two (2) years. Post office boxes are not acceptable.

3. Name, address and telephone number of the business, organization or entity sponsoring or supported by the solicitation. This includes the name, address and telephone number of any business whom the applicant is employed by or contracts with to solicit on behalf of an organization sponsoring or supported by the solicitation.

4. Specific dates, times and general locations where soliciting activities will be conducted.

5. A statement made under penalty of perjury whether the applicant has pleaded guilty to, found guilty of or convicted of a Federal or State felony.

6. A written statement from the entity described in Subsection (B)(3) certifying the applicant is authorized to act as a representative of the entity.

7. A copy of the sales tax license required by Chapter 144, RSMo., for the entity described in Subsection (B)(3), if applicable.

8. The application shall be signed by the applicant and an authorized representative of the entity described in Subsection (B)(3).

C. The applicant shall pay a fee in the amount stated in Section 150.030 at the time of making application.

[Ord. No. 22-168, 12-20-2022]

D. The applicant shall pay the applicable occupational license tax, if any, under Chapter 605 prior to the issuance of the permit.

E. Subsections (C) and (D) of this Section 640.090 shall not apply to any applicant engaged by a person exempt from imposition of a fee, license, gross receipt tax, or franchise requirement under Section 67.2681, RSMo.

[Ord. No. 21-177, 11-2-2021]

[1] Cross Reference: As to penalty, § 640.160.

Section 640.100 Permits. [1]

[R.O. 2011 § 640.110; R.O. 2009 § 119.52; CC 1981 § 20-95.1(c); Ord. No. 3434, 10-18-1966; Ord. No. 73-38, 6-20-1973; Ord. No. 86-277, 10-16-1986; Ord. No. 98-436, 10-22-1998; Ord. No. 05-50, 2-4-2005; Ord. No. 10-57 § 1, 4-13-2010]

A. The Chief of Police shall conduct a criminal background check on the applicant for a permit.

B. Upon receipt of a completed application as described in Section 640.100, the Chief of Police shall within five (5) business days issue a permit to the applicant, provided that the applicant has complied with Section 640.100(D).

C. Permits shall contain all of the information given in the application, shall contain a photograph of the applicant/residential salesperson and shall expire automatically thirty (30) days after issuance, except that a permit issued to a residential salesperson engaged in residential sales activities for a person exempt under Section 67.2681, RSMo., shall not expire automatically as provided herein.

[Ord. No. 21-177, 11-2-2021; Ord. No. 22-073, 6-7-2022]

[1] Cross Reference: As to penalty, § 640.160.

Section 640.110 Display Of Permits. [1]

[R.O. 2011 § 640.120; R.O. 2009 § 119.53; CC 1981 § 20-95.1(d); Ord. No. 3434, 10-18-1966; Ord. No. 73-38, 6-20-1973; Ord. No. 86-277, 10-16-1986; Ord. No. 98-436, 10-22-1998; Ord. No. 99-62, 2-17-1999; Ord. No. 05-50, 2-4-2005; Ord. No. 22-073, 6-7-2022]

A. A residential salesperson shall display the permit to any person requesting to inspect such permit at all times while he/she is actively engaged in residential sales activities.

B. The City-issued picture identification badge with expiration date shall be worn by the residential salesperson between the waist and the neck and shall be visible at all times.

C. It shall be unlawful for any residential salesperson to engage in any residential sales activities described in Section 640.090 at any time or location not listed in the permit issued to such residential salesperson.

[1] Cross Reference: As to penalty, § 640.160.

Section 640.120 Permissible Hours Of Residential Sales. [1]

[R.O. 2011 § 640.130; R.O. 2009 § 119.54; CC 1981 § 20-95.1(e); Ord. No. 3434, 10-18-1966; Ord. No. 73-38, 6-20-1973; Ord. No. 86-277, 10-16-1986; Ord. No. 98-436, 10-22-1998; Ord. No. 05-50, 2-4-2005; Ord. No. 22-073, 6-7-2022]

It shall be unlawful for any residential salesperson to engage in any residential sales activities described in Section 640.090 between the hours of 7:00 P.M. or one-half (1/2) hour before dusk, whichever is later, and 8:00 A.M. of any day of the week or on Sundays or legal holidays.

[1] Cross Reference: As to penalty, § 640.160.

Section 640.130 Signs Prohibiting Residential Sales Or Any Other Solicitation.

[R.O. 2011 § 640.140; R.O. 2009 § 119.55; Ord. No. 98-436, 10-22-1998; Ord. No. 05-50, 2-4-2005; Ord. No. 22-073, 6-7-2022]

It shall be unlawful for any residential salesperson to engage in residential sales, or for any other person to engage in solicitation activity of any type, at any residence where a sign is displayed in a manner reasonably likely to come to the attention of residential salespersons and other solicitors and which contain the words: "No Soliciting," "No Solicitors," "No Trespassing" or similar words indicating that residential sales or other soliciting activities is prohibited on the premises.