[Ord. No. 2020-08, 6-10-2020]
As used in this Chapter, the following words have the meaning
indicated:
CANVASSER
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: (1) 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 (2) distributing a handbill or flyer advertising a non-commercial
event or service.
ISSUING OFFICER
Shall be City Clerk or any other person designated by the
City.
PEDDLER
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."
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: (1) 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 (2) 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 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.
Any person or organization, formal or informal, may apply for
one (1) or more identification cards by completing an application
form at the office of the issuing officer during regular office hours.
[Ord. No. 1193, 9-2-2014; Ord. No. 2020-08, 6-10-2020]
A. The applicant, person or organization shall provide the following
information:
2.
Number of identification cards required.
3.
The name, physical description and a identification card issued
by a government entity such as a driver's license, State identification
card, passport or other government-issued identification card issued
by a government within the United States which includes a photograph
for identification purposes.
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 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, if available, the social security number of such person.
8.
A list of all infraction, offense, misdemeanor and felony convictions
or pleas of guilty of each person for whom a card is requested for
the seven (7) years immediately prior to the application.
9.
A completed criminal record check from the Missouri State Highway
Patrol dated within thirty (30) days of the application for each person
for whom a card is requested.
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 card is requested.
11.
If a card 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.
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.
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.
12.
If a card is requested for a solicitor:
a.
The name and permanent address of the organization, person or
group for whom donations or proceeds are accepted.
b.
The web address for this organization, person or group, or other
address where residents having subsequent questions can go for more
information.
13.
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.
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
600.070, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.
Instead of the application procedure above, if an applicant
produces identification cards issued by another City having an ordinance
substantially the same as this one, the issuing officer may in his/her
discretion immediately issue identification cards without the necessity
of a formal application or investigation.
If the applicant requests a hearing under Section
600.100, 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.
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.
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.
The issuing officer shall maintain a list of persons within
the City who restrict visits to their residential property (including
their leasehold, in the case of a tenant) by peddlers, solicitors
and canvassers. The issuing officer may provide a form to assist residents,
and this form may allow the resident to select certain types of visits
that the resident finds acceptable while refusing permission to others.
This "no visit" list shall be a public document and available for
public inspection and copying at City Hall. A copy of the "no visit"
list shall be provided to each applicant for and each recipient of
an identification card. If a canvasser chooses not to apply for an
identification card, it will be the responsibility of that canvasser
to obtain in some other way a copy of the current "no visit" list.
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.