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.
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".
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
or service.
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.
No person shall act as a peddler or as a solicitor within the
City without first obtaining a permit in accordance with this Chapter.
A canvasser is not required to have a permit but any canvasser wanting
a permit for the purpose of reassuring City residents of the canvasser's
good faith shall be issued one upon request.
[R.O. 2012 §615.070; Ord. No. 240 §7, 9-8-1964]
No peddler shall have an exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[R.O. 2012 §615.050; Ord. No. 240 §5, 9-8-1964]
A.
The fee
for the issuance of each permit shall be:
1.
For
a peddler acting on behalf of a merchant otherwise licensed to do
business within the City: No fee.
2.
The
fee for such license shall be twenty-five dollars ($25.00) for one
(1) year or any part thereof plus ten dollars ($10.00) per person
for background check. No fee shall be required of one selling products
of the farm or orchard actually produced by the seller.
3.
For
a solicitor, including a commercial solicitor advertising an event,
activity, good or service for purchase at a location away from the
residence: No fee.
4.
For
a canvasser requesting a permit: No fee.
Any person or organization, formal or informal, may apply for
one (1) or more permits by completing an application form at the office
of the issuing officer during regular office hours.
A.
The applicant,
person or organization shall provide the following information:
1.
Name
of applicant.
2.
Number
of permits required.
3.
The
name, physical description and photograph of each person for which
a permit 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, if any, local address of the applicant.
5.
The
permanent and, if any, local address of each person for whom a permit
is requested.
6.
A brief
description of the proposed activity related to this permit. 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 permit is requested
and, if available, the Social Security number of such person.
8.
A list
of all infraction, offense, misdemeanor, ordinance violation and felony
convictions of each person for whom a permit 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 permit
is requested.
10.
If
a permit 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 permit is requested for a solicitor:
12.
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.
A.
The permit(s)
shall be issued promptly after application but in all cases within
eight (8) business hours of completion of an application, unless it
is determined within that time that:
1.
The
applicant has been convicted of a felony, a misdemeanor or an ordinance
violation involving moral turpitude within the past seven (7) years,
2.
With
respect to a particular permit, the individual for whom a permit is
requested has been convicted of any felony, a misdemeanor or an 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.
During the period of time following the application for one (1) or more permits 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 eight (8) business hours provided in Section 615.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion of an investigation
revokes, the permit to one (1) or more persons, he/she shall immediately
convey the decision to the applicant orally and shall within sixteen
(16) working hours after the denial prepare a written report of the
reason for the denial which shall be immediately made available to
the applicant. Upon receipt of the oral notification and even before
the preparation of the written report, the applicant shall have at
his/her option an appeal of the denial of his/her application before
the Board of Aldermen at its next regular meeting.
If the applicant requests a hearing under Section 615.090, 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 the County in which the City is located. The hearing shall also be subject to the Missouri Open Meetings and Records Law.
Each permit shall be, when the individual for whom it was issued
is acting as a peddler or solicitor, 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 permit 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.
A.
In addition
to the administrative revocation of a permit, a permit may be revoked
for any of the following reasons:
1.
Any
violation of this Chapter by the applicant or by the person for whom
the particular permit was issued.
2.
Fraud,
misrepresentation or incorrect statement made in the course of carrying
on the activity.
3.
Conviction
of any felony, a misdemeanor or an ordinance violation involving moral
turpitude within the last seven (7) years.
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.
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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 Board
of Aldermen.
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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 615.150(1)
and (2).
4.
Any
person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing a permit
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.
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.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvassers has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
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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.
