[R.O. 2009 § 605.010; Ord. No. 3814, 5-24-2018[1]]
CANVASSER
A Person traveling by foot, automobile, motor truck, or any type of conveyance from house to house, place to place, street to street, or positioned on or near street corners, public ways, or places of public assembly or congregation who attempts to make personal contact with another Person or enter onto private property without prior specific invitation or appointment from such Person for the primary purpose of:
1. 
Attempting to enlist support for or against a particular purpose, including, but not limited to the following: education, philanthropy, charity, religion, philosophy, ideology, or political party, issue, or candidate;
2. 
Distributing a handbill or flyer advertising a non-commercial event or service; or
3. 
Attempting to obtain a donation to a particular purpose, including, but not limited to the following: education, philanthropy, charity, religion, philosophy, ideology, or political party, issue, or candidate.
PEDDLER
A Person traveling by foot, automobile, motor truck, or any type of conveyance from house to house, place to place, or street to street, who attempts to make personal contact with another Person or enter onto private property without prior specific invitation or appointment from such Person for the primary purpose of attempting to sell goods, wares, merchandise, or services with minimal or no delay.
PERSON
Shall extend and be applied to associations, corporations, firms, partnerships, and bodies politic and corporate as well as to individuals and agents of same.
SOLICITING
Any actions taken by a Solicitor or a Peddler.
SOLICITOR
A person traveling by foot, automobile, motor truck, or any type of conveyance from house to house, place to place, or street to street, who attempts to make personal contact with another Person or enter onto private property without prior specific invitation or appointment from such Person for the primary purpose of:
1. 
Distributing a handbill or flyer advertising a commercial event, goods, wares, and/or service, or
2. 
Taking or attempting to take orders for the sale of goods, wares, merchandise, and/or services.
[1]
Editor's Note: Former Chapter 605, Peddlers, Solicitors And Canvassers, containing Sections 605.010 through 605.180, was repealed 5-24-2018 by Ord. No. 3814.
[R.O. 2009 § 605.020; Ord. No. 3814, 5-24-2018]
This Article 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.
[R.O. 2009 § 605.030; Ord. No. 3814, 5-24-2018]
A. 
Permit Required. Unless a permit is obtained by the company and each participating individual Solicitor or Peddler, it shall be unlawful for any Solicitor or Peddler to go in and upon any private residence in the City not having been requested or invited to do so by the owner or occupant of such residence. No permit issued under this Article is transferrable.
A Canvasser is not required to obtain a permit.
B. 
Application Requirements And Processes.
1. 
The application for and issuance of a permit shall be done in accordance with and subject to the following City permitting requirements.
2. 
The application for the permit shall be submitted on City forms and must contain at minimum the following information:
a. 
Business name, telephone number, physical address, and email address;
b. 
A brief description of the proposed Soliciting related to this permit. (Copies of literature to be distributed may be substituted for this description at the option of the applicant);
c. 
Name of applicant, cellular phone number, date of application, email address, and physical address;
d. 
Criminal background report from local agency regarding the company applying and all Solicitors and Peddlers whom proposes to engage in Soliciting in the City;
e. 
Proposed dates(s) of the proposed Soliciting in the City;
f. 
Hours of operation;
g. 
Location and schedule of proposed Soliciting;
h. 
Number of proposed individuals who will be Soliciting per day;
i. 
Name of local coordinator or manager, cellular phone number, the permanent and (if any) local address, and number of total individuals proposed to be performing permitted Soliciting in the City throughout the proposed date(s) of the permitted Soliciting;
j. 
The motor vehicle make, model, year, color, and State license plate number of any vehicle which will be used by each individual for whom a permit is requested;
k. 
The name, physical description, and photo identification;
l. 
A copy of the Person'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;
m. 
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;
n. 
The web address for the Person (or other address) where residents having subsequent questions can go for more information;
o. 
A signed acknowledgement that the Person has read this Article and will comply with all applicable requirements; and
p. 
A copy of the registration number issued by the State of Missouri for charitable solicitations, if applicable.
3. 
Following the submission of a complete application to the City and payment of a twenty dollar ($20.00) application fee, eighteen dollars and fifty cents ($18.50) per person background check performed, and five dollar ($5.00) per person charge for each permit card, the City shall investigate as to the truth and accuracy of the information contained in the application. Upon completion of such investigation and if the application meets all requirements of this Article, the City Clerk shall issue the permit within a reasonable time, not to exceed seven (7) days, and in accordance with applicable law. Utile City has not completed this investigation within a reasonable time, not to exceed seven (7) days, and in accordance with applicable law, the permit will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
[Ord. No. 4445, 5-23-2024]
4. 
Upon satisfactory completion of the application, the City Clerk shall not issue the permit if:
a. 
The applicant or any Solicitor or Peddler whom the applicant proposes to solicit a residence without invitation is registered on the National Sex Offender Registry;
b. 
The applicant or any Solicitor or Peddler whom the applicant proposes to solicit a residence without invitation has been convicted of an offense pursuant to Chapter 565 RSMo., within the past ten (10) years;
c. 
The applicant or any Solicitor or Peddler whom the applicant proposes to solicit a residence without invitation has been convicted of an offense pursuant to Chapter 569 or Chapter 570 RSMo., within the past ten (10) years;
d. 
The applicant or any Solicitor or Peddler whom the applicant proposes to solicit a residence without invitation has been convicted of an offense involving fraud or dishonesty within the past ten (10) years;
e. 
The applicant or any Solicitor or Peddler whom the applicant proposes to solicit a residence without invitation has been convicted of a felony or a misdemeanor involving moral turpitude within the past twelve (12) years;
f. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect; or
g. 
In accordance with Section 605.040.
The applicant shall be notified that the permit will not be issued and the reason for the same.
[R.O. 2009 § 605.040; Ord. No. 3814, 5-24-2018]
A. 
No individual may be granted more than one (1) Permit within a four-month period with each Permit being valid for a period of no longer than two (2) days.
B. 
No individual Soliciting on behalf of a Person may receive a Permit for purposes of Soliciting if other individuals have been issued Permits within the previous four (4) months for Soliciting on behalf of the same Person.
[R.O. 2009 § 605.050; Ord. No. 3814, 5-24-2018]
The City Clerk shall maintain a list of persons within the City who restrict visits to their property (including their leasehold, in the case of a tenant) by Peddlers, Solicitors, and Canvassers. The City Clerk may provide a form to assist property owners and tenants, and this form may allow the property owners and tenants to select certain types of visits they find acceptable while refusing permission to others. This "no visit" list shall be a public document, reproduced on the City's web site and available for public inspection and copying. A copy of the "no visit" list shall be provided to each applicant for, and each recipient of, a permit. It will be the responsibility of that Canvasser to obtain in some other way a copy of the current "no visit" list. In addition, to restrict visits to their property, property owners and tenants may also choose to post a sign of the type described in Section 605.070.
[R.O. 2009 § 605.060; Ord. No. 3814, 5-24-2018]
No Solicitor, Canvasser, or Peddler shall operate in or on any right-of-way, sidewalk, or street corner, whether public or private, in such a manner as to endanger himself or others or so as to impede traffic. The judgment of a Police Officer, exercising good faith, shall be conclusive as to whether public safety is jeopardized or traffic impeded.
[R.O. 2009 § 605.070; Ord. No. 3814, 5-24-2018]
A. 
The individual Soliciting shall wear the issued permit on their outer clothing so as to be reasonably visible to any person who might be approached by said individual during the permitted Soliciting.
B. 
The individual Soliciting shall display on his or her person any object provided by the City to clearly and readily identify the individual to other citizens and law enforcement as a permittee.
C. 
The activities regulated under this Article shall immediately cease upon observation of a "no solicitation" sign at any residence.
D. 
No Solicitor or Peddler shall enter upon the property of another except between the hours of 9:00 A.M. and 7:00 P.M. unless such person has an express invitation to enter from the owner, resident, or occupant of the property.
E. 
No Person shall remove any yard, door, or entrance sign that gives notice to such Person that the resident or occupant does not invite visitors.
F. 
No Person shall enter upon any private property for the activities regulated under this Article where the current occupant has posted the property on the City's "no visit" list without a specific invitation (except where the posting form indicates the occupant has given permission for this type of visit), regardless of whether a sign is posted.
G. 
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 and City staff 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 property having a "no solicitation" sign.
H. 
Persons performing the activities regulated by this Article shall follow all applicable City, State, or Federal laws and regulations.
[R.O. 2009 § 605.080; Ord. No. 3814, 5-24-2018]
A. 
Ice Cream Trucks, as defined in Article II, shall be subject to the following additional regulations:
1. 
Operators of Ice Cream Trucks shall comply with all applicable health laws or regulations that the health authority has adopted or may adopt relating to Ice Cream Trucks.
2. 
Before operating an Ice Cream Truck in the City, the Person shall provide the City:
a. 
A copy all necessary approvals, licenses, and permits from the applicable health department;
b. 
A copy of the Ice Cream Truck's license and registration form reflecting the vehicle identification number of the Ice Cream Truck; and
c. 
A copy of proof of Ice Cream Truck's insurance coverage.
3. 
Notwithstanding the timing regulations herein, Ice Cream Trucks may only operate within the City between the hours of 11:00 A.M. to 7:00 P.M. on week days and 11:00 A.M. to 9:00 P.M. on the weekends.
[R.O. 2009 § 605.090; Ord. No. 3814, 5-24-2018]
No Person who obtained a permit or an agent, member, or representative of the same, shall advertise, represent, or hold out in any manner that the permit is an endorsement of the holder by the City or by any member of the City administration or Board of Aldermen thereof or by any organization which any of the same may represent.
[R.O. 2009 § 605.100; Ord. No. 3814, 5-24-2018]
If the City Clerk denies (or upon completion of an investigation revokes) the permit, he/she shall immediately convey the decision to the applicant orally and shall, within a reasonable time and in accordance with applicable law, prepare a written report of the reason(s) 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.
[R.O. 2009 § 605.110; Ord. No. 3814, 5-24-2018]
A. 
Any permit issued under this Article may be suspended or revoked, or otherwise subject to adverse permit action, at the discretion of the Board of Aldermen, for violation of any of the following:
1. 
Subsequent knowledge by the City of fraud, misrepresentation, or incorrect statements provided by an applicant on the application form.
2. 
Fraud, misrepresentation, or false statements made during the course of the permitted Soliciting.
3. 
Any violation of this Article by the applicant or any Solicitor or Peddler during the course of the permitted Soliciting.
4. 
Conducting the permitted Soliciting 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.
5. 
Subsequent conviction of any offense to which the granting of the permit could have been denied under this Article.
6. 
Violation of any law relating to public safety, health and welfare, zoning, or any Missouri or Federal law.
[R.O. 2009 § 605.120; Ord. No. 3814, 5-24-2018]
If the applicant appeals any decision made by the City under this Article, review from the decision shall be had pursuant to Chapter 160 of this Code.
[R.O. 2009 § 605.130; Ord. No. 3814, 5-24-2018]
In addition to any other remedy of the City hereunder, any Person violating any part of this Article, including trespass, shall have committed a municipal violation and shall be prosecuted in Municipal Court. The penalty for such violation shall be the same as for general penalty under Section 100.120 of this Code.
[R.O. 2009 § 605.190; Ord. No. 3815, 5-24-2018]
A. 
Purpose. The City finds that allowing Food Trucks to operate, subject to practical regulations and limitations, is beneficial to persons living and working within the City. This Article recognizes the unique physical and operational characteristics of Food Trucks, establishes standards for Food Truck operations, and promotes practices that serve the health, safety, and welfare of the public.
B. 
Exemptions: The following types of businesses shall be exempt from the provisions of this Article:
1. 
Delivery persons delivering food that has been purchased or ordered previously.
2. 
Deliveries of food items being made to businesses for resale or for business use.
3. 
Ice Cream Trucks which operate within the City otherwise permitted under Article I of this Chapter.
C. 
Definitions. For the purposes of this Article, the following words and their derivatives shall have the following meaning:
FOOD TRUCK
An automobile or trailer designed and used for cooking, preparation, assembling, and/or serving of a full or limited menu of single service food items from the automobile or trailer for use by consumers.
FOOD TRUCK OPERATOR
The owner of the Food Truck and/or any person driving and/or selling food items from the Food Truck.
FOOD TRUCK PERMIT
A permit issued by the City for the operation of a Food Truck.
ICE CREAM TRUCK
A vehicle from which the operator sells only pre-packaged frozen dairy or water-based food products and pre-packaged beverages.
LOCATION
Any single property, parcel, or any combination of contiguous parcels that are owned or controlled by a single entity or affiliated entities.
[R.O. 2009 § 605.200; Ord. No. 3815, 5-24-2018]
A. 
Food Truck Permit Required. It is a violation to operate a Food Truck at any Location in violation of the requirements of this Article or without a Food Truck Permit issued by the City Clerk. Prior to receiving a Food Truck Permit, an applicant must demonstrate that the applicant has all necessary approvals, licenses, and permits from the applicable health department.
B. 
Application. An applicant shall submit an application for a Food Truck Permit on a form provided by the City. The application shall include, at minimum, the following information:
1. 
Name, phone number, email, and address of the owner of the vehicle;
2. 
Name, phone number, email, and address of the owner of the Food Truck company, if different;
3. 
Name, phone number, email, and address of the operator of the vehicle, if different;
4. 
Color photo of the exterior (front, side, and back) of the vehicle;
5. 
A copy of the vehicle license and registration form reflecting the vehicle identification number of the vehicle;
6. 
A copy of proof of vehicular insurance coverage;
7. 
A copy all necessary approvals, licenses, and permits from the applicable health department;
8. 
A copy of any liquor license, if applicable;
9. 
Desired duration for the Food Truck Permit;
10. 
General description of the food that will be offered for sale;
11. 
A signed acknowledgement that the owner/operator has read this Article and will comply with all applicable requirements;
12. 
A copy of the Person'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;
13. 
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; and
14. 
Any additional information required by the City Clerk to ensure the requirements of this Article are met.
C. 
Display. The Food Truck Permit must be prominently displayed when the Food Truck is in operation. Permittees operating under this Article must keep such Permit issued by the City available and present it upon request of any customer, City Official, or Law Enforcement Officer.
D. 
Fee. Submittal of an application for a Food Truck Permit must be accompanied by a Food Truck Permit fee as follows:
Duration:
Fee:
One (1) Day
$10.00
Two (2) Day
$20.00
Six (6) Months
$100.00
Twelve (12) Months
$150.00
E. 
Change Of Information. Each Permittee shall have an ongoing duty to provide the City with notice of any change to any of the information submitted with the Food Truck Permit application.
F. 
Issuance. A Food Truck Permit shall be issued by the City Clerk upon verification that an application has been completed in accordance with the requirements of this Section. No Food Truck Permit shall be issued to an applicant whose Permit had been revoked in the preceding twelve (12) months.
G. 
Renewal. A Food Truck Permit may be renewed provided that all applicable requirements are met and the Permittee is in compliance with the requirements of this Article. The fee for renewal shall be the same as for a new Food Truck Permit.
H. 
Transferability. A Food Truck Permit is not transferrable.
[R.O. 2009 § 605.210; Ord. No. 3815, 5-24-2018]
A. 
Persons that are issued a Food Truck Permit to operate from a Food Truck within the City shall comply with the following provisions:
1. 
Location Regulations.
a. 
No Food Truck shall operate in residential areas except as part of a Special Event Permit or when authorized by the Board of Aldermen upon demonstration by the applicant that the requirements of this Article will be met, and the Food Truck will not detrimentally interfere with the surrounding residential uses.
b. 
A Food Truck permitted hereunder may not remain at a Location over night or for more than six (6) consecutive hours.
c. 
Food Trucks shall not be permitted on unimproved Locations or at a Location where the Food Truck would be the primary use of that Location.
d. 
Where a commercial business located in the City has posted signs requesting "no solicitors" or "no peddlers," Food Trucks shall not call on such businesses or persons inside such businesses without a prior, specific invitation.
e. 
No Food Truck may operate on a Location that:
(1) 
Blocks fire lanes, sidewalks, designated traffic lanes, or ingress or egress to or from a building or street;
(2) 
Impedes the ingress to or egress from another business or otherwise causes undue interference with access to another business;
(3) 
Blocks the lawfully placed signage of another business; or
(4) 
Blocks any of the required number of parking spaces of any Location.
f. 
Issuance of a Food Truck Permit under this Article by the City in no way authorizes the Food Truck to trespass on any property. If parking or remaining idle on private property in order to sell, offer for sale, or display a food item, the Food Truck Operator shall obtain prior, written permission from the owner(s) of such private property for the time period the Food Truck plans to remain on such private property, and the Food Truck shall keep such written permission in the Food Truck at all times the Food Truck is parked or idle on any such private property and provide it upon request of any City Official or Law Enforcement Officer.
g. 
If at one (1) Location for more than two (2) hours, the Food Truck Operator shall obtain a written agreement from a business within one hundred fifty (150) feet of the Food Truck, allowing employees of the Food Truck to have use of flushable restrooms (or other facilities as approved by the health authority) during hours of operation.
h. 
No Food Truck may go into a City park or park or remain idle on any public property including streets and right-of-way) to sell, offer for sale, or display a food item, unless the Food Truck Operator's activity has received prior, written authorization from the Board of Aldermen or unless the Food Truck is operating as a vendor at the Fenton Community and Farmers' Market in accordance with the City's rules and policies for the same or operating on City property in conjunction with a City event in accordance with the City's rules and regulations for such specific City event.
[Ord. No. 3935, 5-23-2019; Ord. No. 3965, 8-22-2019]
2. 
Safety And Operational Regulations.
a. 
No power cord, cable, or equipment shall be extended across any parking lot, public street, sidewalk, or other public property. No Food Truck Operator may use stakes, rods, or any other method of support that must be drilled, driven, or otherwise fixed into or onto asphalt, pavement, curbs, ground, sidewalks, or buildings.
b. 
In no event shall any Food Truck Operator invite or allow customers into the Food Truck.
c. 
A Food Truck Operator may only sell a food item(s) described in the Food Truck Permit and may not sell a non-food item. A Food Truck shall serve pedestrians only. Drive-through or drive-in service is prohibited.
d. 
A Food Truck Operator shall comply with all applicable health laws or regulations that the health authority has adopted or may adopt including regarding time, temperature, plumbing, operation, maintenance requirements, and any other related regulation.
e. 
The Food Truck must be kept neat and orderly at all times. During each period of operation at a Location, the Food Truck Operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the Food Truck.
f. 
A Permittee operating a Food Truck shall demonstrate that the vehicle is readily moveable if requested by the City.
g. 
All food and supplies must be stored within the Food Truck.
h. 
In operating the Food Truck, a Food Truck Operator shall follow all applicable City, State, or Federal laws and regulations.
[R.O. 2009 § 605.220; Ord. No. 3815, 5-24-2018]
A. 
Suspension Or Revocation. The Board may suspend or revoke a Food Truck Permit of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and, prior to the hearing, the City Clerk shall give not less than ten (10) days' written notice to the Food Truck owner specifying the grounds for the suspension or revocation thereof and the time, date, and place of the hearing. Notice may be accomplished by personal delivery or U.S. Mail to the owner of the Food Truck as provided on the application. The hearing shall be conducted in accordance with Section 605.230 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A Food Truck Permit may be suspended or revoked for any of the following reasons:
1. 
The applicant for the Food Truck permit provided false information on the application unless the applicant can demonstrate that the falsehood was the result of excusable neglect;
2. 
Violating any provision of this Article;
3. 
That the conduct of the business violates any provision of this Code;
4. 
The operator of a Food Truck fails to maintain a current, valid vehicle registration, health department permit, or proof of required vehicular insurance; and/or
5. 
A Food Truck is operating in a manner that threatens the health, safety, or general welfare of the public.
C. 
Effect Of A Suspension. No person whose Food Truck Permit shall have been suspended by order of the Board of Aldermen shall operate a Food Truck in the City.
D. 
Violation. Any person violating any provision of this Article shall, upon conviction thereof, be adjudged guilty of an ordinance violation and punished as set out in Section 100.120 of this Code. The establishment of this penalty shall in no way take the place of or interfere with any suspension or revocation proceeding or the disapproval of any application for a subsequent Food Truck Permit.
[R.O. 2009 § 605.230; Ord. No. 3815, 5-24-2018]
A. 
Testimony — Evidence. The Food Truck owner shall be given reasonable notice of hearing and the grounds upon which discipline will be considered. Hearings before the Board of Aldermen shall be in the nature of informal investigations. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings, and all proceedings in such hearings shall be recorded.
B. 
Witnesses — How Summoned. Subpoenas may be issued by the Board for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Board also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
C. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth. Witnesses shall be subject to direct and cross examination by an attorney representing the licensee as well as attorneys representing other interested parties.
D. 
Decision — Suspension Or Revocation. If the evidence supports a finding that the Food Truck Permit should be revoked or suspended, the Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the Food Truck Permit should be revoked or suspended, then no such order shall be issued.
[R.O. 2009 § 605.240; Ord. No. 3815, 5-24-2018]
Any person aggrieved by a decision of the City Clerk or Board of Aldermen under this Article may appeal such decision pursuant to the procedures of Chapter 160 of this Code provided such appeal is filed within ten (10) days of the date of the decision. The Board may delay the implementation of its order pending appeal.