[Ord. No. 478 §5-301, 7-8-1965]
It shall be unlawful for any solicitor or canvasser as defined in Section 620.015 of this Chapter to engage in such business within the corporate limits of the City of Troy without first obtaining a permit and license therefor in compliance with the provisions of this Chapter.
[Ord. No. 478 §5-302, 7-8-1965]
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.
Any individual whether resident of the City of Troy or not,
traveling either by foot, wagon, automobile, motor truck, or any other
type of conveyance, from place to place, from house to house, or from
street to street, taking or attempting to take orders for sale of
goods, wares and merchandise, personal property of any nature whatsoever
for future delivery, or for service to be furnished or performed in
the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale or whether he/she is
collecting advance payments on such sales or not, provided that such
definition shall include any person who, for himself/herself, or for
another person, firm, or corporation, hires, leases, uses, or occupies
any building, structure, tent, railroad box car, boat, hotel room,
lodging house, apartment, shop, or any other place within the City
for the sole purpose of exhibiting samples and taking orders for future
delivery.
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 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".
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 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.
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.
No person shall act as a peddler, solicitor or canvasser within
the City without first obtaining an itinerant's license in accordance
with this Chapter.
[Ord. No. 478 §5-305, 7-8-1965]
A.
The
license fee which shall be charged by the City Clerk for such license
shall be fifteen dollars ($15.00) per year.
B.
The
annual fees herein provided shall be assessed on a calendar year basis
and on or after July first (1st) the amount of such fee for annual
license shall be one-half (½) the amount stipulated above for
the remainder of the year.
C.
None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he/she may apply to the Mayor (or official best suited to do this work) for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his/her method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make finding of fact from which he/she shall determine whether the fee fixed by this Chapter is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection (A) of this Section. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he/she may require the applicant to submit, either at the time of termination of applicant's business in the City of Troy or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one (1) calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Subsection (A) of this Section.
[Ord. No. 478 §5-306, 7-8-1965]
Every applicant, not a resident of the City of Troy, or who
being a resident of the City of Troy, represents a firm whose principal
place of business is located outside of the State of Missouri, shall
file with the City Clerk a surety bond, running to the City in the
amount of one thousand dollars ($1,000.00), with surety acceptable
to and approved by the Mayor, conditioned that the said applicant
shall comply fully with all the provisions of the ordinances of the
City of Troy and the Statutes of the State of Missouri, regulating
and concerning the business of solicitor and guaranteeing to any citizen
of the City of Troy that all money paid as a down payment will be
accounted for and applied according to the representations of the
solicitor and further guaranteeing to any citizen of the City of Troy
doing business with said solicitor, that the property purchased will
be delivered according to the representations of said solicitor. Action
on such bond may be brought in the name of the City to the use or
benefit of the aggrieved person.
Any person or organization, formal or informal, may apply for
one (1) or more licenses by completing an application form at the
office of the issuing officer during regular office hours.
[Ord. No. 478 §5-303, 7-8-1965; Ord. No. 1226 §1, 6-20-2016]
A.
Applicants for permit and license under this Chapter must file with
the City Clerk a sworn application in writing (in duplicate) on a
form to be furnished by the City Clerk, which shall give the following
information:
1.
Name of applicant.
2.
Number of licenses required.
3.
The name, physical description and photograph of each person
for which a license is requested. In lieu of this information, a driver's
license, State identification card, passport or other government-issued
identification card issued by a government within the United States
containing this information may be provided and a photocopy taken.
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 license is requested.
6.
A brief description of the proposed activity related to this
license. Copies of literature to be distributed may be substituted
for this description at the option of the applicant.
7.
If the applicant does not provide a driver's license, State
identification card, passport or other government-issued identification
card issued by a government within the United States, the applicant
shall provide the date and place of birth for each person for whom
a license is requested and the social security number of such person.
8.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
9.
A list of all felony convictions of each person for whom a license
is requested for the five (5) years immediately prior to the application.
10.
The motor vehicle make, model, year, color and State license
plate number of any vehicle which will be used by each person for
whom a license is requested.
11.
The length of time for which the right to do business is desired.
12.
If a license is requested for a peddler:
a.
The name and permanent address of the business offering the
event, activity, good or service, i.e., the peddler's principal
business organization represented.
b.
A copy of the principal'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.
c.
A copy of the principal'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.
If a license is requested for a solicitor:
14.
Any other information the applicant wishes to provide, perhaps
including copies of literature to be distributed, references to other
municipalities where similar activities have occurred, etc.
B.
At the time of filing the application a fee of fifteen dollars ($15.00)
shall be paid to the City Clerk for each person to receive a license
to cover the cost of investigation of the facts stated therein.
If the issuing officer denies, or upon completion of an investigation,
revokes the itinerant license 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.
If the applicant requests a hearing under Section 620.070, 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 the County in which the City is located. The hearing shall also be subject to the Missouri open meetings and records law.
An itinerant's license shall be valid within the meaning of
this Chapter for a period of one (1) year from its date of issuance
or the term requested, whichever is less.
[Ord. No. 478 §§5-307
— 5-309, 7-8-1965]
A.
Exhibition Of License. Solicitors and canvassers are required
to exhibit their licenses at the request of any citizen.
B.
Duty Of Police To Enforce. It shall be the duty of any Police
Officer of the City of Troy to require any person seen soliciting
or canvassing, and who is not known by such officer to be duly licensed,
to produce his/her solicitor's or canvasser's license and to enforce
the provisions of this Chapter against any person found to be violating
the same.
C.
Records. The Chief of Police shall report to the City Clerk
all convictions for violation of this Chapter and the City Clerk shall
maintain a record for each license issued and record the reports of
violation therein.
[Ord. No. 478 §5-311, 7-8-1965]
A.
In
addition to the administrative revocation of an itinerant license,
a license 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 license was issued.
2.
Fraud, misrepresentation or false statement contained in the application
for license;
3.
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
4.
Conviction of any felony or a misdemeanor involving moral turpitude
within the last seven (7) years.
5.
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 complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 620.070 above.
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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 at or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
The Police 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 620.130(1)
and (2).
4.
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing an
itinerant's license or other form of identification). This is for
the purpose of knowing the likely identity of the perpetrator if the
City receives a complaint of damage caused to private property during
the distribution of handbills or flyers.
[Ord. No. 1065 §1, 4-21-2008]
A.
No
peddler, solicitor or canvasser shall:
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 entrance way 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 except between the hours of 9:00
A.M. and 7:00 P.M.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvassers has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
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6.
No person other than those representing a charitable or religious
organization as recognized by the Internal Revenue Service Code may
solicit for any purpose while being present on or occupying the public
streets or right-of-ways of the City of Troy. Such charitable and
religious organizations and their representatives may solicit on the
public streets and right-of-ways, but subject to the following regulations:
a.
Solicitation may only occur when motor vehicles are at a complete
stop at a traffic control device;
b.
Solicitors must wear clothing of such bright color so that motorists
may be aware of their presence;
c.
Solicitation must only occur during daylight hours;
d.
Solicitors shall stand a distance of five (5) feet from any public
street while traffic is moving thereon;
e.
Solicitations may not occur on Highway 47, Lincoln Drive, Cherry
Street, Main Street, Boone Street, Front Street and Villa Drive.
B.
The
posting in a conspicuous place of notice stating "No Soliciting,"
or similar language upon the premises of a private residence, shall
be prima facie evidence that the solicitors, peddlers, hawkers, itinerant
merchants, and transient vendors of merchandise have not been requested
or invited to be in and upon private residential property.
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.
