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17, 2003, repealed ch. 610 and enacted new provisions set out herein.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.
[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:
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.
One who either:
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
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:
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
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.
[R.O. 2006 §610.020; Ord. No. 03.03 §3, 4-17-2003]
A.
This
Chapter shall not apply to:
1.
A Federal,
State or local government employee or a public utility employee in
the performance of his/her duty for his/her employer; or
2.
A licensed
itinerant vendor within the meaning of Section 150.380, RSMo.; or
3.
An applicant
who demonstrates they have a peddler license from the County and State
as required by Section 150.470, RSMo.; or
4.
An applicant
who demonstrates he is exempt from said requirement.
[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]
A.
The fee
for the issuance of each identification card shall be as follows:
1.
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.
2.
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.
3.
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.
4.
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.
5.
For
a charitable organization recognized by the Internal Revenue Service
(IRS) as a 501(c)(3) exempt organization — no fee.
6.
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]
A.
The applicant
shall provide the following information:
1.
Name
of applicant.
2.
Number
of identification cards.
3.
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.
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 the 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
the Social Security number of such person.
8.
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.
9.
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.
10.
If
a card is requested for a peddler, the following additional requirements
shall be met:
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 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.
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.
d.
Written
permission from the property owner where the proposed activity is
to take place.
e.
Peddlers
are specifically prohibited from setting up in a fixed location unless
all requirements of the Osage Beach Zoning Code have been met.
11.
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]
A.
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:
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.
[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]
A.
In addition
to the administrative revocation of an identification card, a card
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 card was issued.
2.
Fraud,
misrepresentation or incorrect statement made in the course of carrying
on the activity.
3.
Conviction
of any felony or a misdemeanor 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 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.
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[R.O. 2006 §610.140; Ord. No. 03.03 §14, 4-17-2003]
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 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.
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 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]
A.
It shall
be unlawful for any peddlers, solicitors or canvassers to:
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 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.
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 for the purpose of engaging in peddling,
soliciting or canvassing, except between the hours of 9:00 A.M. and
8:00 P.M.
6.
Set
up and remain in a fixed location unless all requirements of the Zoning
Code of the City have been met.
7.
Stand,
walk or loiter on the roadway or in any other manner stall, delay
or obstruct the normal flow of traffic.
B.
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.
