Editor’s Note: In this Chapter the word "Sheriff" is changed
to "Chief of Police"; the words "Sheriff’s Deputy" are changed
to "police officer"; and the words "Sheriff’s Department" are
changed to "Police Department" pursuant to the St. Charles County
Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012
and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section
2, adopted 1-26-2015.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §1, 2-24-2011]
As used in this Chapter, the following terms shall have the
following meanings, except where the context clearly indicates that
a different meaning is intended and except where an ordinance concerning
a particular business contains a specific provision to the contrary
with the specific provision controlling:
Any person who applies for a license as required by any ordinance
of the County of St. Charles.
Most recently published Code of the County of St. Charles
as amended from time to time.
The County Registrar for the County of St. Charles.
Any conduct defined in the Ordinances of St. Charles County,
Missouri, as disorderly conduct.
Any person, not authorized to engage in temporary sales by Section 405.427, OSCCMo., whether as owner, agent, consignee or employee, who engages in a temporary business outside of those in Section 405.427 for any period of time and who for the purpose of conducting such business occupies or uses any parcel of road or right-of-way land, building, tent, room, apartment, shop, store, structure, or uses a vehicle parked on premises where said person does not have the exclusive right of possession under ownership, lease or rental agreement, or any other non-permanent location or other place within the County for the purpose of offering to purchase or sell such goods, wares and merchandise, either privately, publicly or at public auction.
Exclusions. The aforesaid definition shall
not apply to:
Itinerant vendors shall be classified into one (1) of the following
three (3) categories:
Charitable. Includes any one (1) or more of
the following activities:
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any individual,
firm, corporation, organization, association or group which is organized
as or sponsored by an entity organized as a non-profit entity under
laws of any State in the United States or of the Federal Government
or recognized as such by the tax of any State of the United States
or of the Federal Government.
Seeking to obtain money, clothing or any other valuable thing
in return for literature, artifacts or goods of any individual, firm,
corporation, organization, association or group which is registered
as a non-profit organization under laws of any State in the United
States or of the Federal Government.
Commercial. Includes any one (1) or more of
the following activities:
Seeking to sell or to obtain orders for the purchase of goods,
wares, merchandise, foodstuffs or other services, goods or contracts
of any kind, character or description whatever, for any kind of consideration
whatever, or dissemination thereof without consideration;
Requesting information on the background, occupation, economic
status, social status, political status, attitudes, viewpoints, occupants
of a residence, telephone number, address, furnishings or the like
of any person for the actual or alleged purpose of compiling such
information as raw data or refined data into a document, record, book
or directory to be sold, or to be used wholly or in part for commercial
purposes; excepting persons conducting a census under the laws of
the State of Missouri and the United States;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or any other type or kind of publications; or
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any individual,
firm, corporation, organization, association or group not falling
within the definition of "charitable soliciting" as set forth above.
Operations selling their excess homegrown produce at their property
pursuant to Section 405.427, OSCCMo., shall not be considered itinerant
vendors and shall not be required to be licensed. Itinerant vendors
may not be licensed for operation in residentially zoned areas.
Includes any person who has complied with the requirements
for licensing as herein provided for as a peddler/solicitor.
Any person, business or other legal entity receiving a license
pursuant to this Chapter.
A person or group who conducts a business, profession, or
occupation by traveling to individual residential units in a door-to-door
manner.
The definition shall specifically include, but not be limited
to, selling of goods, wares and merchandise and the act of soliciting
as defined herein. Operations selling their excess homegrown produce
at their property shall not be considered peddlers/solicitors and
shall not be required to be licensed.
Any individual, co-partnership, firm, association, company
or combination of individuals of whatever form or character.
Every device, whether mechanically propelled or drawn, in
or by which any person or property is or may be moved upon a public
highway, except devices moved only by human or animal power or a device
which works exclusively upon stationary rails or tracks and shall
include trailers and semi-tractors.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §2, 2-24-2011]
Nothing in this Chapter shall be construed to relieve the peddler/solicitor
or itinerant vendor from being responsible at all times for his own
safety. St. Charles County does not assume responsibility for ensuring
the safety of any peddler/solicitor or itinerant vendor.
[Ord. No. 10-073 §1, 9-9-2010]
It is the policy of the County to regulate the activities of
peddlers/solicitors and itinerant vendors in such a way as to be fully
apprised of such activities in order to protect and further the health,
safety and welfare of its residents by preserving the right of residents
and other persons within the County to peaceful enjoyment of privacy
and freedom from harassment. No restraint of trade and no detriment
to beneficial causes is intended by this Chapter, other than as necessary
and appropriate to ensure the convenience and domestic tranquility
of such residents and persons. Nothing in this Chapter prohibits,
interferes or inhibits persons traveling door to door soliciting,
informing, distributing material or otherwise engaging in first amendment
speech concerning political candidates or political issues.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §3, 2-24-2011]
A.
With the exception of Section 606.170 and Section 606.175, the provisions of this Chapter shall not apply to the following activities:
1.
Canvas activities as defined above;
2.
Charitable activities as defined above which have complied with Section 606.185(H)(2);
3.
Door-to-door contact by officers or employees of a County, State
or Federal Government, or any subdivision thereof, when on duty and
on official business;
4.
Any solicitation conducted entirely by mail or by telephone;
5.
Temporary outdoor sales authorized by Section 405.427, OSCCMo.;
6.
Any business, profession or occupation specifically identified in
this or other County ordinances, or operating under another license
issued by St. Charles County, or having its principal place of business
in St. Charles County or in neighboring Counties.
B.
The
provisions of this Chapter shall not apply to the following activities:
[Ord. No. 10-073 §1, 9-9-2010]
A.
Except
as otherwise provided in this Chapter, every individual desiring to
engage in any type of peddling/soliciting, as defined in this act,
to owners and occupants of residences within the unincorporated area
of the County is hereby required to:
1.
Make written application to the County Chief of Police for a license
as hereinafter provided; and no person shall be permitted to engage
in peddling/soliciting in the unincorporated area of the County unless
that person has been issued a license.
2.
Carry such license on his/her person and, upon demand, exhibit his/her
license to any police officer or other certified Peace Officer, County
Official or any owner or occupant upon whose property he/she is peddling/soliciting.
3.
Carry on his/her person an identification card with a photograph
which has been approved and/or provided by the County as part of the
license issuance with the name of the individual and the name of the
organization, corporation, association or group for which the person
will be peddling/soliciting.
4.
Immediately prior to any peddler/solicitor requesting any information
from any owner or occupant of any residential property within the
unincorporated area of the County, he/she shall present his/her identification
card or badge to the owner or occupant and request that the owner
or occupant read the identification card or badge.
[Ord. No. 10-073 §1, 9-9-2010]
There shall exist two (2) different licenses issued pursuant
to this Chapter with the shorter being a license term not to exceed
four (4) consecutive days and the longer being a license term not
to exceed seven (7) consecutive days. The fee for each license term
is to be based upon the County's costs for issuing such license and
approved by the Director of Administration and such fee schedule so
established shall be available from the Police Department. In no event
shall more than the actual cost of issuance of the license be charged
as the fee. If two (2) or more such licenses are sought within twelve
(12) months by the same licensee, whether or not applied for via different
agents or representatives, then the second (2nd) and each successive
license thereafter shall be for a period of seven (7) consecutive
days and shall be charged the fee described on the fee schedule as
approved by the Director of Administration and available from the
Police Department.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §4, 2-24-2011]
A.
Application For A License And Filing Fee. Any person desiring
to engage in peddling/soliciting in the unincorporated area of this
County shall file, on a form to be supplied by the Chief of Police
and approved by the County Counselor, an application with the County
Registrar stating the following and shall pay the appropriate non-refundable
filing fee as set forth on the fee schedule approved by the Director
of Administration and available at the Police Department and the Registrar's
Office.
1.
Name of applicant.
2.
Permanent home address of the applicant.
3.
Name and address of the individuals, firm, corporation, organization,
association or group represented, if other than self.
4.
Nature of merchandise to be sold or offered for sale, the nature
of the services to be furnished, or purpose for peddling/soliciting.
5.
Date on which he/she desires to commence peddling/soliciting.
6.
Period of time for which a certificate is requested.
7.
The make, model, year, color and license number and State of licensing
of the applicant's motor vehicle.
8.
Place or places of residence of the applicant for the preceding three
(3) years.
9.
Names of other communities in Missouri in which the applicant has
worked as a peddler/solicitor in the past two (2) years.
10.
Name of other communities in Missouri in which the individual, firm,
corporation, organization, association or group for which applicant
is peddling/soliciting has engaged in peddling/soliciting in the past
two (2) years.
11.
Whether or not the applicant has ever been convicted of a violation
of a felony under laws of the State of Missouri or any other State
or Federal law of the United States.
12.
Said application shall also be accompanied by a letter or other written
statement from the individual, firm, corporation, organization, association
or group for which the applicant will be peddling/soliciting certifying
that the applicant is authorized to act as a representative of that
individual, firm, corporation, organization, association or group.
13.
The applicant shall upon request submit to fingerprinting and photographing
by the Police Department in connection with the application for the
license.
14.
When more than one (1) individual plans to peddle/solicit for the
same corporation, organization, association or group, each such individual
must fill out an application and each such individual shall pay the
filing fee set out in the approved fee schedule.
15.
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
16.
Applicant's State sales and use tax number as required by Chapter
144, RSMo.
B.
Processing Of Application Of Peddler/Solicitor. The County
Registrar shall cause to be kept in his/her office an accurate record
of every application received, together with all other information
and data pertaining thereto and all licenses or exemptions issued
under the provisions of this Chapter and of the denial of applications.
Applications for license shall be numbered in consecutive order as
filed; and every license issued, and any renewal thereof, shall be
identified with a duplicate number of the application upon which it
was issued. Within two (2) working days of receipt of the application
by the County Registrar, the original of said application shall be
referred to the County Chief of Police for investigation.
C.
Investigation And Approval Of Peddler/Solicitor.
1.
The County Chief of Police may cause such investigation to be made
of the applicant's business and moral character and the business and
moral character of the individual, firm, corporation, organization,
association or group for which the applicant will be peddling/soliciting
as he deems necessary for the protection of the public good. The County
Chief of Police shall endorse on such application his approval or
shall state the reason for refusal and shall then forward the application
and his determination to the County Registrar within ten (10) working
days from the date of receipt of the application by the County Chief
of Police.
2.
The Chief of Police shall approve applications, unless:
a.
The individual requesting the license has, within two (2) years of
the date of the application:
(1)
Been convicted of the commission of a felony under the laws
of Missouri or any other State or Federal law of the United States;
(2)
Been convicted of a violation of any of the provisions of this
Chapter;
(3)
Lost his/her license by revocation as herein provided;
(4)
Been convicted of a crime, misdemeanor or violation of any ordinance
concerning canvassing or peddling/soliciting; or
(5)
Falsified any information required by this Chapter as a part
of the application process;
(6)
Is a registered sex offender in any jurisdiction.
b.
The individual, firm, corporation, association, organization or group
for which the applicant will be peddling/soliciting has, within two
(2) years of the date of the application:
(1)
Been convicted of a violation of any provisions of this Chapter;
(2)
Lost its license by revocation as herein provided;
(3)
Been convicted of a crime, misdemeanor or violation of any ordinance
concerning peddling/soliciting; or
(4)
Been convicted of a felony or misdemeanor involving or found
civilly liable for fraud or misrepresentation in peddling/soliciting
or misuse of such funds.
D.
Notice Of Refusal Of Application For Peddler/Solicitor License. If, as a result of such investigation, the applicant is not entitled to receive a license under this Chapter for any of the reasons set forth in Subsection (C) "Investigation and Approval" of this Section 606.165, the County Registrar shall notify the applicant that his/her application is disapproved and that no certificate will be issued. Such notice shall be accompanied by a copy of the applicant's application with the Chief of Police's endorsements and reasons endorsed upon it.
E.
Issuance Of License For Peddler/Solicitor.
1.
By Registrar. If, after such investigation, the
applicant is found to be entitled to receive a license under this
Chapter, the County Chief of Police shall endorse on the application
his/her approval and upon payment of all fees, if any, required by
this Chapter or any other ordinance deliver to the applicant his license.
The Chief of Police shall then forward a copy of such license to the
Registrar.
2.
Contents of license. Such license shall contain
the signature and Seal of the County Registrar and the Chief of Police
and shall show the name and address of the individual, firm, corporation,
organization, association or group and shall show the kind of solicitation
to be made thereunder, the date of issuance of the license and the
length of time the same shall be operative, as well as the license
number and other identifying description of any vehicle to be used
in such peddling/soliciting. The Registrar shall keep a permanent
record of all licenses issued.
3.
Identification. As a part of the issuance of the
license by the Chief of Police, a suitable form of identification
shall be approved by the County Registrar to identify the individual
being licensed and the organization, corporation, association or group
for which the individual will be peddling/soliciting. An identification
card or badge with a photograph may be required by the County Registrar
to be obtained from the County at cost if no other form of identification
is approved. Such identification card shall contain the name of the
individual, the name of the organization, corporation, association
or group for which the individual will be peddling/soliciting and
substantially the following wording: "This card does not indicate
an endorsement by the County of any product or service".
[Ord. No. 10-073 §1, 9-9-2010]
A.
It
is hereby declared to be unlawful for any person licensed as a peddler/solicitor
to enter inside a residence within the County, not having been invited
or requested to do so by the owner or occupant of such residence.
B.
Any
peddler/solicitor, who has gained lawful entrance to any residence,
shall immediately and peacefully depart from the residence when requested
to do so by the owner or occupant thereof or failing same shall be
guilty of a misdemeanor.
C.
When
any peddler/solicitor shall receive partial payment for goods, wares,
merchandise, foodstuffs, service or subscription from any person within
the County, he/she shall execute and give to such person a written
receipt therefor, which receipt shall be legibly signed by the peddler/solicitor
and shall set forth a brief description of the item or items ordered,
the total purchase price thereof including the principal and separately
any interest or service charge and the amount of the partial payment
received by the peddler/solicitor from such person.
D.
Every
owner or occupant who desires to prevent peddling/soliciting on their
property shall comply with the following requirements:
1.
Notice of the determination by the owner or occupant of the refusal
of an invitation to peddlers/solicitors to enter upon the property
shall be given by notice posted on the property in the manner following:
a.
A weatherproof card approximately three (3) inches by four (4) inches
in size with letters at least two (2) inches in height shall be exhibited
upon or near the main entrance door to the building, indicating such
a determination by the owner or occupant and containing the following
words:
"No Solicitors Invited".
b.
For purpose of uniformity the cards shall be provided by the County
to persons requesting them at no cost. Posting of this card shall
constitute sufficient notice to any peddler/ solicitor of the determination
by the owner or occupant of the property of the information contained
on it.
E.
It
shall be the duty of any person engaging in the business of peddling/soliciting,
whether licensed under this Chapter as a peddler/solicitor or not,
upon going onto any property in the County to first examine and look
for the notice provided for in this Section, if any is posted, and
be governed by the statement contained on any notice. If the notice
states "No Solicitors Invited", then such person, whether licensed
or not, shall immediately and peacefully depart from the premises
or failing same shall be guilty of a misdemeanor.
[Ord. No. 10-073 §1, 9-9-2010]
A.
It
shall be the duty of the County Chief of Police, as well as the County
Registrar, to see that the provisions of this Chapter pertaining to
peddler/solicitor are enforced and obeyed. The County Chief of Police
shall at all times keep vigilant watch for any violation and shall
issue summons in case of any violation detected, whether or not any
complaint has been made. Violation of this Chapter shall be a misdemeanor.
B.
The
Clerk of the Municipal Court shall report to the County Registrar
all convictions for violation of this Chapter pertaining to peddler/solicitor
and the County Registrar shall maintain a record for each license
issued and record their reports of violation therein.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §5, 2-24-2011]
A.
Any
license issued pursuant to this Chapter may be revoked by written
order of the Chief of Police or his designee because of any violation
by the licensee of this Chapter or any other ordinance of the County,
or of State or Federal law, or upon proof that the licensee has been
participating in disorderly conduct, fraud or misrepresentation in
connection with his/her solicitation, or whenever the licensee shall
cease to possess the qualifications and character required in this
Chapter for the original licensing. The licensee shall promptly be
mailed written notice of such decision.
B.
Any
person aggrieved by the decision of the Chief of Police or his designee
to deny or revoke a license shall have the right to appeal to the
Director of Administration.
C.
Each
license shall expire at the end of the term for which it was issued.
[Ord. No. 10-073 §1, 9-9-2010]
A.
Application Fee. Any person(s) desiring to operate as an itinerant vendor in the County shall file with the County Registrar, on a form to be supplied by the County Registrar and approved by the County Counselor, an application stating the following and shall pay the appropriate non-refundable filing fee defined within Subsection (J) of this Section:
1.
Name of applicant;
2.
Permanent home address of the applicant;
3.
Name and address of the individuals, firm, corporation, organization
and association or group represented, if other than self;
4.
Nature of merchandise to be sold or offered for sale, the nature
of services to be furnished or purpose for conducting business;
5.
Date on which he/she desires to commence conducting business; and
date of previous license issued during this calendar year, if any;
6.
Each and every location where such activities shall be conducted;
7.
Period of time for which a license is requested;
8.
Whether or not the applicant has ever been convicted of a violation
of a felony under laws of the State of Missouri or any other State
or Federal law of the United States;
9.
Zoning category where the activity is to be conducted and be accompanied
by written permission of the property owner for use of the property,
if other than the applicant; and
10.
Applicant's State sales and use tax number as required by Chapter
144, RSMo.
B.
Vacant
lot/parking lot requirements must be met when applicable.
C.
If
a structure is to be constructed, a building permit must be obtained
and other building and Fire Department requirements must be met.
D.
An
occupancy permit must be obtained prior to issuance of a license.
E.
Upon
determination that all requirements have been met, the County Registrar
shall issue the license.
F.
The
County Registrar shall keep all applications and records of licenses
issued on file.
H.
Applicants
seeking to operate as an itinerant vendor shall seek and obtain use
review and approval from the Division of Planning and Zoning for each
and every proposed location at which the proposed vending activities
are to be conducted prior to conducting such activities. The use review
and approval at the Division of Planning and Zoning shall not be necessary
for:
1.
Entities and individuals that possess a validly issued annual business license from the County of St. Charles who seek to conduct vending activities outside of any permanent structure located on the licensed real property for a period of time not to exceed five (5) days and the said vending activities to be conducted are related to the business activities regularly conducted by the licensed entity or individual except to the extent that Section 405.427(C) of the Unified Development Ordinance of St. Charles County, Missouri, provides otherwise; or
2.
Charitable entities that have registered with the County of St. Charles by providing a valid not-for-profit letter from the State of Missouri and seek to operate as itinerant vendor for no more than five (5) days in areas not prohibited in Subsection (G)(2) above.
3.
Entities and individuals seeking to operate inside of an enclosed
shopping mall for which a valid business license has been issued by
the County.
I.
For
events conducted one (1) to four (4) days under the sponsorship of
a single organization, the itinerant vendors may conduct business
on the license obtained by the sponsor, who shall meet all the provisions
of this Section for such license, including a listing of the name,
address and State sales and use tax numbers of all of the vendors
participating in the event.
J.
There
shall exist an itinerant vendor license issued pursuant to this Section
for a license term not to exceed four (4) consecutive days. The fee
for each license term is listed on the fee schedule approved by the
Director of Administration and available at the Police Department.
If two (2) or more such licenses are sought within a calendar year
by the same licensee, whether or not applied for via different agents
or representatives, then the second (2nd) and each successive license
thereafter shall be for a period of four (4) days and shall be known
and described as an "Additional Four (4) Day License."
