Editor's Note — Ord. no. 03.03 §1, adopted April 17, 2003, repealed ch. 610 and enacted new provisions set out herein. Former ch. 610 derived from CC 1985 §§16-1 — 16-4, 16-26 — 16-36; ord. of 7-11-1985 §§1 — 18; ord. no. 93.29 §1, 6-3-1993; ord. no. 93.33 §§1 — 2, 7-1-1993.
Section 610.030 Identification Card Required For Peddlers and Solicitors — Available For Canvassers.
[R.O. 2006 §610.010; Ord. No. 03.03 §2, 4-17-2003]
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:
- 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.
- One who either:
- 1. For profit to himself/herself or his/her principal, locates temporarily at one (1) place or goes from place to place to sell any good or service or seeks donations for any cause of a profit-making or commercial character, or
- 2. 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".
- One who either:
- 1. Solicits at any location within the City for a charitable, political or religious purpose, even if incidental for such purpose there is the sale of some good or service; or
- 2. 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:
- a. 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
- b. Distributing a handbill or flyer advertising a commercial event or service.
[R.O. 2006 §610.020; Ord. No. 03.03 §3, 4-17-2003]
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; or
A licensed itinerant vendor within the meaning of Section 150.380, RSMo.; or
An applicant who demonstrates they have a peddler license from the County and State as required by Section 150.470, RSMo.; or
An applicant who demonstrates he is exempt from said requirement.
Section 610.030 Identification Card Required For Peddlers and Solicitors — Available For Canvassers.
[R.O. 2006 §610.030; Ord. No. 03.03 §4, 4-17-2003]
No person shall act as a peddler or as a solicitor within the City without first obtaining an identification card in accordance with this Chapter. A canvasser is not required to have an identification card but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.
[R.O. 2006 §610.040; Ord. No. 03.03 §5, 4-17-2003]
The fee for the issuance of each identification card shall be as follows:
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City, no fee as long as the peddler is operating on the merchant's licensed premises.
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a five hundred dollar ($500.00) fee for six (6) months plus thirty-five dollars ($35.00) per card issued.
The applicant shall deposit with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) per card to secure collection and payment to the Missouri Department of Revenue all sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City if the applicant does not, within ninety (90) days of the expiration or surrender of the peddler's card, demonstrate by affidavit or otherwise that sales tax has been paid.
For a solicitor (including a commercial solicitor) advertising an event, activity, good or service for purchase at a location away from the solicitor's premises — no fee.
For a charitable organization recognized by the Internal Revenue Service (IRS) as a 501(c)(3) exempt organization — no fee.
For a canvasser requesting an identification card — no fee.
[R.O. 2006 §610.050; Ord. No. 03.03 §6, 4-17-2003]
Any person or organization may apply for one (1) or more identification cards by completing an application form at the office of the City Clerk during regular office hours.
[R.O. 2006 §610.060; Ord. No. 03.03 §7, 4-17-2003]
The applicant shall provide the following information:
Name of applicant.
Number of identification cards.
The name, physical description and photograph of each person for which a card is requested. In lieu of this information, a driver's license, State identification card, passport or other government-issued identification (issued by a government within the United States) containing this information may be provided and a photocopy taken. If a photograph is not supplied, the City will take an instant photograph of each person for which a card is requested at the application site. The actual cost of the instant photograph will be paid by the applicant.
The permanent and (if any) local address of the applicant.
The permanent and (if any) local address of each person for whom a card is requested.
A brief description of the proposed activity related to this identification card. (Copies of the literature to be distributed may be substituted for this description at the option of the applicant.)
Date and place of birth for each person for whom a card is requested and the Social Security number of such person.
A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.
The motor vehicle make, model, year, color and State license plate number of any vehicle that will be used by each person for whom a card is requested.
If a card is requested for a peddler, the following additional requirements shall be met:
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
A copy of the principal's sales tax license as issued by the State of Missouri showing Osage Beach as their place of business, 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.
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.
Written permission from the property owner where the proposed activity is to take place.
Peddlers are specifically prohibited from setting up in a fixed location unless all requirements of the Osage Beach Zoning Code have been met.
If a card is requested for a solicitor, the following additional requirements shall be met:
[R.O. 2006 §610.070; Ord. No. 03.03 §7, 4-17-2003]
The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that:
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years;
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
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
[R.O. 2006 §610.080; Ord. No. 03.03 §8, 4-17-2003]
During the period of time following the application for one (1) or more identification cards 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 sixteen (16) business hours provided in Section 610.070, the identification card will nonetheless be issued, subject, however to administrative revocation upon completion of the investigation.
[R.O. 2006 §610.090; Ord. No. 03.03 §9, 4-17-2003]
If the issuing officer denies (or upon completion of an investigation revokes) the identification card 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 Municipal Court of the City, provided that such a hearing will be scheduled within ten (10) days of the request, due notice of which is to be given to the public and the applicant.
[R.O. 2006 §610.100; Ord. No. 03.03 §10, 4-17-2003]
If the applicant requests a hearing under Section 610.090, 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 Camden County. The hearing shall also be subject to the Missouri Open Meetings and Records law.
[R.O. 2006 §610.110; Ord. No. 03.03 §11, 4-17-2003]
Each identification card 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.
[R.O. 2006 §610.120; Ord. No. 03.03 §12, 4-17-2003]
An identification card 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.
[R.O. 2006 §610.130; Ord. No. 03.03 §13, 4-17-2003]
In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:
Any violation of this Chapter by the applicant or by the person for whom the particular card was issued.
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.
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.
The revocation procedure shall be initiated by the filing of a compliant by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 610.100 above.
[R.O. 2006 §610.140; Ord. No. 03.03 §14, 4-17-2003]
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:
No handbill or flyer shall be left or attached to any sign, utility pole or other structure within the public right-of-way. Police Officers are authorized to remove any handbill or flyer found within the right-of-way.
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.
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 610.150(1) or (2).
[R.O. 2006 §610.150; Ord. No. 03.03 §15, 4-17-2003; Ord. No. 13.41 §§1––2, 7-11-2013]
It shall be unlawful for any peddlers, solicitors or canvassers to:
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.)
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entranceway 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.
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.
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
Enter upon the property of another for the purpose of engaging in peddling, soliciting or canvassing, except between the hours of 9:00 A.M. and 8:00 P.M.
Set up and remain in a fixed location unless all requirements of the Zoning Code of the City have been met.
Stand, walk or loiter on the roadway or in any other manner stall, delay or obstruct the normal flow of traffic.
The above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
[R.O. 2006 §610.160; Ord. No. 03.03 §16, 4-17-2003]
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.