[R.O. 2012 §610.005; Ord. No. 2909 §1, 7-12-2004]
It is the policy of the City of Union, Missouri, to regulate the activities of solicitors, canvassers and peddlers in order to promote and protect the public health, safety and welfare. It is not the intent of this Chapter to interfere with or infringe upon the constitutionally protected right to freedom of speech or assembly, except to the minimum extent necessary to ensure the safety and right to privacy of the citizens of Union, Missouri.
[R.O. 2012 §610.010; CC 1992 §12-12; Ord. No. 1482 §1, 6-28-1976; Ord. No. 2898 §1, 5-10-2004; Ord. No. 2909 §1, 7-12-2004; Ord. No. 3398 §1, 8-11-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
- One engaged in business of a temporary or transient nature that goes from door to door traveling by foot, automobile, truck or any other type of conveyance, as principal, agent or otherwise, in an effort to take or secure orders for goods, services or merchandise without prior specific invitation or appointment.
- DOOR TO DOOR
- From a residence to another or from a business location to another or from a residence to a business location or from a business location to a residence or any other combination involving residences and/or business locations.
- One engaged in business of a temporary or transient nature that goes from door to door traveling by foot, automobile, truck or any other conveyance, as principal, agent or otherwise, in an effort to sell goods, wares or other commodities without prior specific invitation or appointment.
- Any person who provides to any other person a sales or exhibit area at a temporary special event. No promoter shall organize or promote a temporary special event without first obtaining a business license.
- One engaged in business of a temporary or transient nature that either goes from door to door without prior specific invitation, traveling by foot, automobile, truck or any other conveyance or from one locality which is not a permanent structure, who attempts to lure another person into a business or commercial ventures of any type.
- STREET PEDDLER (VENDOR)
- One engaged in business of a temporary or transient nature who sells or offers to sell from one locality which is not a permanent structure or building affixed to land, goods, wares, merchandise or other commodities.
- TEMPORARY OR TRANSIENT VENDOR
- One engaged in business anywhere within the City of Union who does not intend to become and does not become a permanent merchant at such place. For the purposes of this Chapter, the terms "temporary or transient vendor" shall mean less than one hundred twenty (120) consecutive days or less than one hundred eighty (180) days within a calendar year. Any person or entity which does business within the City of Union in excess of the foregoing time restrictions shall not be eligible for a "solicitor's, canvasser's, peddler's license" or "street peddlers" and shall be required to comply in all respects with City ordinances regarding the operation of businesses within the City of Union.
- TEMPORARY SPECIAL EVENT
- Any exhibition, display or show, involving multiple individual exhibits or booths, for the purpose of selling, trading, bartering or displaying goods or services to the public which is professionally promoted and which lasts for fourteen (14) consecutive days or less within any three (3) month period. Temporary special events include, but are not limited to, trade shows, festivals and arts and crafts shows.
- 1. Promoters of events which are not open to the public are exempt from the provisions of this division.
- 2. The following are exempt from the requirements of this division: garage sales, bake sales, swap meets, hobby shows, arts and crafts shows, fundraising events and other similar temporary events provided that:
- a. The event is sponsored and organized or promoted by a non-profit service club, hobby club, sports club, charitable, religious, fraternal, civic, eleemosynary or educational institution,
- b. The event is entirely organized, promoted and staffed by unpaid volunteer members of such organization,
- c. The expenses of the temporary event are paid by the organization, and
- d. All receipts go to the organization and not to a paid or professional promoter or organizer.
- 3. An exempt temporary special event shall not continue for more than four (4) consecutive days.
- 4. Organizations otherwise exempt under this Section shall not lose such exemption solely because they are sponsored, co-sponsored, programmed or assisted in any manner by the Parks and Recreation Department or conduct a special temporary event on City property.
[R.O. 2012 §610.020; CC 1992 §12-13; Ord. No. 1482 §2, 6-28-1976; Ord. No. 2898 §1, 5-10-2004; Ord. No. 2909 §1, 7-12-2004; Ord. No. 3398 §2, 8-11-2008]
It shall be unlawful for any person or entity to engage in business as a canvasser, peddler, solicitor, street peddler, promoter or temporary or transient vendor as such terms are defined in this Chapter without having first applied for and received a canvasser's, peddler's, promotor's, solicitor's or temporary or transient vendor's license.
It shall be unlawful for any person, whether engaged in business or not, in the public rights-of-way to solicit, offer for sale or transact the sale of goods or services, or to seek donations or contributions, or distribute materials to persons situated within vehicles which are located within the right-of-way of any public road, street or highway regardless if such is for a commercial, charitable or non-profit purpose. Nothing in this Section shall be deemed to prohibit otherwise lawful non-commercial activities on sidewalks or other designated areas where such activities clearly do not hinder or stop vehicular traffic or adversely affect public safety. The prohibition with regard to public rights-of-way shall not apply to community sponsored activities provided that prior to such activity the sponsoring community organization has first obtained permission therefore from the City. Any permission granted by the City shall limit the activity both with respect to duration and as geographically.
[R.O. 2012 §610.030; CC 1992 §12-14; Ord. No. 1482 §3, 6-28-1976; Ord. No. 2909 §1, 7-12-2004; Ord. No. 3538 §1, 5-10-2010]
Any person desiring to secure a solicitor's, canvasser's, peddler's and street peddler's permit as required by Section 610.020 shall apply therefore in writing with the City Clerk with a sworn application in duplicate, on a form to be furnished by the City Clerk, which shall give the following information:
The name and address of the applicant.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
The nature and character of the goods, wares, merchandise or services to be offered by the applicant. If business requires inspection, then a valid Franklin County Department of Health inspection report or permit is required and shall be exhibited by such applicant whenever he/she shall be requested to do so by any Police Officer or any person solicited.
A physical description of the applicant.
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, felony or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
Names of character references.
Sales tax identification number.
[R.O. 2012 §610.040; CC 1992 §12-15; Ord. No. 1482 §4, 6-28-1976; Ord. No. 2909 §1, 7-12-2004]
Upon receipt of an application for a solicitor's, canvasser's or peddler's permit, the original shall be referred to the Chief of Police who shall cause an investigation of the applicant's business and moral character. Such an investigation is deemed by the City to be necessary in order to protect the public interest due to the fact that such activities involve unsolicited contact with persons which is usually at a person's residence. No investigation shall be required for a "street peddler's" permit as such activity does not involve contact at an individual's residence. There shall be a waiting period of two (2) business days in order to afford necessary time to complete the investigation and to process the application with respect to those businesses for which an investigation is required by this Chapter. No permit may be issued within such two (2) business day period.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his/her disapproval and his/her reason for the disapproval and return the application to the City Clerk who shall notify the applicant that his/her application has been disapproved and that no permit shall be issued. The applicant may then appeal the refusal to issue a permit to the Board of Aldermen in accordance with Section 610.080.
If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the Chief of Police shall endorse on the application his/her approval. Upon receipt of the approved application, the City Clerk, upon payment of the prescribed permit fee, shall deliver the permit to the applicant. The Clerk shall keep a permanent record of all licenses issued.
[R.O. 2012 §610.050; CC 1992 §12-16; Ord. No. 1482 §5, 6-28-1976; Ord. No. 2909 §1, 7-12-2004]
A solicitor's, canvasser's, peddler's or street peddler's permit shall be carried at all times by the applicant to whom issued when soliciting or canvassing in the City and shall be exhibited by such applicant whenever he/she shall be requested to do so by any Police Officer or any person solicited.
[R.O. 2012 §610.060; CC 1992 §12-17; Ord. No. 1482 §6, 6-28-1976; Ord. No. 2909 §1, 7-12-2004]
A solicitor's, canvasser's, peddler's or street peddler's permit may be revoked by the Chief of Police for violation by the holder thereof of any of the provisions of this Code or other ordinances of the City or any State or Federal law, or whenever the holder of such permit shall, in the judgment of the Chief of Police, cease to possess the character and qualifications required by this Chapter for the issuance of such permit. The licensee may appeal the revocation to the Board of Aldermen in accordance with Section 610.080.
[R.O. 2012 §610.070; CC 1992 §12-18; Ord. No. 1482 §7, 6-28-1976]
Any notice required under this Chapter shall be mailed postpaid to the licensee at his/her permanent address as shown on his/her application, at least five (5) days prior to the date of the hearing. The notice shall set forth the time and place of the hearing.
[R.O. 2012 §610.080; CC 1992 §12-19; Ord. No. 1482 §8, 6-28-1976]
Any person aggrieved by the action of the Chief of Police or the City Clerk in denying an application for a permit as provided in this Chapter shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after the denial of the permit or revocation of the permit, a notice of appeal, in writing, setting forth fully the grounds for the appeal. The Board shall set a time and place for the hearing on the appeal and notice shall be provided the applicant or licensee as provided by Section 610.070.
[R.O. 2012 §610.090; CC 1992 §12-20; Ord. No. 1482 §9, 6-28-1976; Ord. No. 2034, 2-10-1992; Ord. No. 2909 §1, 7-12-2004; Ord. No. 3398 §3, 8-11-2008; Ord. No. 3495 §1, 10-12-2009]
There is hereby levied and the City Collector shall collect from each canvasser, solicitor, peddler or street peddler the permit fee as hereinafter set forth. Said fee to be paid at the time application is made and shall be non-refundable. Application fees are:
Canvasser, peddler, promoter, solicitor, or temporary or transient vendor. The sum of fifty dollars ($50.00) for the day or portion thereof that such permit shall be valid in the City. The sum of one hundred dollars ($100.00) for the second (2nd) day through the thirtieth (30) day or portion thereof that such permit shall be valid in the City. The sum of one hundred fifty dollars ($150.00) for the thirty-first (31st) day through the one hundred twentieth (120th) day or portion thereof that such permit shall be valid in the City. No proration or refunds shall be allowed.
A temporary special event license shall be five dollars ($5.00) a day for each vendor participating at the temporary special event, not to exceed a total of fifteen dollars ($15.00) for each vendor. The temporary special events license fee shall be collected by the promoter from each vendor who intends to be included under the promoter's temporary special event license and shall be remitted by the promoter to the business license administrator three (3) days before the temporary special event. The promoter shall be responsible for any sums collected, and any sum which should have been collected from a vendor. The promoter shall also be responsible to prepare and maintain for one (1) year a listing of the names, addresses and contact information for each vendor.