[Ord. No. 48 §1, 9-1-1995; Ord. No. 887 §1, 10-14-2002; Ord. No. 1782 §1, 2-14-2011]
For purposes of this Chapter, the following terms shall have the meanings herein scribed:
- REGISTERED SOLICITOR
- Includes any person who has obtained a valid certificate of registration, as hereinafter provided, and who has such certificate in his/her possession and on his/her person while engaged in soliciting.
- Includes every separate living unit occupied for residential purposes by one (1) or more persons and contained within any type of building or structure.
- Includes any one (1) or more of the following activities: Seeking for commercial and/or for profit purpose or gain the obtaining of orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind or description whatsoever, attempting to sell goods, wares, merchandise, foodstuffs, or services or obtaining subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
[Ord. No. 48 §2, 9-1-1995; Ord. No. 704 §1, 4-23-2001; Ord. No. 887 §2, 10-14-2002; Ord. No. 1782 §1, 2-14-2011]
It shall be unlawful for any person, firm or corporation to go in or upon any public or private property in the City for the purpose of soliciting, as defined in Section 610.010, without having first applied for and received a certificate of registration as hereinafter provided.
[Ord. No. 48 §3, 9-1-1995; Ord. No. 887 §3, 10-14-2002; Ord. No. 1782 §1, 2-14-2011; Ord. No. 1873 §§1—2, 6-11-2012]
The applicant shall truthfully state in full and provide the information and items requested on the application, which shall include at least the following:
Name and address of present place of residence and length of residence at such address; also business address if other than residence address, and Social Security number.
Physical description of applicant and current photo.
Copy of driver's license, passport, or some other government issued identification.
Name and address of person, firm, corporation or association by whom the applicant is employed or represents, and length of time of such employment or representation.
Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in.
Period of time for which the certificate is applied for to be valid.
Date, or approximate date, of latest previous application for a certificate of registration under this Chapter, if any.
Whether a certificate of registration issued to the applicant under this Chapter has ever been revoked.
Whether the applicant has ever been convicted of a violation of any of the provisions of this Chapter or any ordinance of any other municipality regulating soliciting.
A list of all offenses, misdemeanors and felonies resulting in a conviction within the last seven (7) years.
A description of any vehicle(s) to be used in connection with the soliciting, including license plate number.
Copies of all written materials to be distributed during the soliciting.
Such additional information as the Police Department may deem necessary to process the application.
Each application submitted under this Chapter shall be accompanied by a current certified criminal background report issued by St. Louis County, Missouri. The report is deemed current if issued within thirty (30) days of the date of the solicitor's application. Until such time as this report is submitted, the solicitor's application is not complete and will not be processed.
Each applicant shall pay an application fee of twenty-five dollars ($25.00). The application shall contain the name and address of each person who will be participating in the solicitation.
The City Administrator shall cause to be kept an accurate record of every application received and acted upon, a list of complaints received, together with all other information and data pertaining thereto, and all certificates of registration issued under the provisions of this Chapter and of the denial of applications.
No certificate of registration shall be issued to any person who has been convicted of the commission of a felony, or a misdemeanor offense of stealing, any sex offense, trespassing or assault, of the laws of the State of Missouri or any other State or the Federal laws of the United States within seven (7) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this Chapter; nor to any person whose certificate of registration issued hereunder had previously been revoked, as herein provided.
No certificate of registration shall be issued to an applicant until he/she demonstrates that he/she or his/her employer has a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo.
[Ord. No. 48 §4, 9-1-1995; Ord. No. 1782 §1, 2-14-2011]
The City Administrator or his/her designee shall be allowed up to two (2) hours from submittal of a completed application to investigate the applicant's qualifications. After consideration of the application and all information obtained relative thereto, the City Administrator or said designee shall issue the certificate or deny the application if the applicant does not possess the qualifications for such certificate as herein required. Endorsement shall be made by the Police Department upon the application of the denial of an application.
Any certificate issued hereunder may be revoked by the City Administrator or his/her designee in the event there is a violation of any provision of this Chapter, in the event of fraud, misrepresentation or incorrect statement in completing the application or in carrying out the soliciting activities or in the event of any breach of the peace or activities deemed to be a detriment to health, safety or general welfare of the public.
[Ord. No. 48 §5, 9-1-1995; Ord. No. 373 §3, 1-26-1998; Ord. No. 887 §4, 10-14-2002; Ord. No. 1782 §1, 2-14-2011]
Solicitors Holding No Business License. Except as provided in Subsection (B), a certificate of registration shall be issued for a specific period of time not to exceed twenty-eight (28) calendar days. Renewal of certificates shall require an additional application fee. A maximum of three (3) certificates per year shall be issued to any person, firm or organization.
Solicitors Holding A Business License. Any person holding a valid business license within the City of Wildwood shall be entitled to register at no additional cost up to two (2) persons who are bona fide employees of such licensed business to solicit within the City, whose certificate of registration shall be valid for the term of the business license. Any solicitors employed by such licensed business in excess of two (2) shall be required to pay the regular fee to register and obtain the solicitor's license and such license shall be valid for the period of the business license. No fee paid hereunder shall be prorated.
[Ord. No. 48 §6, 9-1-1995; Ord. No. 1782 §1, 2-14-2011]
A certificate of registration issued pursuant to this Chapter shall be carried at all times by the solicitor to whom issued when soliciting or canvassing in the City and shall be exhibited by such solicitor whenever he/she shall be requested to do so by any officer of the City or by any person being solicited.
[Ord. No. 48 §7, 9-1-1995; Ord. No. 1782 §1, 2-14-2011]
Solicitors are required to use only the front or main entrance to the residence and must remain on the walkway, where one exists.
It shall be the duty of every solicitor upon going onto premises in the City to first examine any notice which may have been placed on such premises and to be governed by any statement contained in such notice.
If the notice states "NO TRESPASSING OR SOLICITING ALLOWED", then the solicitor shall immediately and peacefully depart from the premises. Any such solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when required to do so by the occupant.
[Ord. No. 48 §8, 9-1-1995; Ord. No. 1782 §1, 2-14-2011]
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant to such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting either as herein defined or otherwise in defiance of the notice exhibited at the residence.
[Ord. No. 48 §9, 9-1-1995; Ord. No. 1782 §1, 2-14-2011]
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated for the purpose of securing an audience with the occupant thereof and engage in soliciting, as herein defined, prior to 9:00 A.M. and after 7:00 P.M. during November through March, inclusive, and after 8:00 P.M. during any other month.
[Ord. No. 48 §10, 9-1-1995; Ord. No. 887 §5, 10-14-2002; Ord. No. 1782 §1, 2-14-2011]
It shall be unlawful for any person in the public rights-of-way to solicit, offer for sale or transact the sale of goods or services, seek donations or contributions, or distribute materials to vehicles, whether for commercial or charitable or non-profit purposes; except nothing in this Section shall be deemed to prohibit otherwise lawful non-commercial activities on sidewalks or other designated areas where such activities do not hinder or stop vehicular traffic or adversely affect public safety.
[Ord. No. 48 §11, 9-1-1995; Ord. No. 1607 §1, 3-23-2009; Ord. No. 1782 §1, 2-14-2011]
Upon conviction of any violation of this Chapter, the punishment shall be as set out in Section 100.140 of this Code.