City of Blue Springs, MO Article II Peddler Regulations [1]

[1] Cross Reference: See § 220.670, Certain Practices Prohibited, regarding solicitors, peddlers, etc.

Section 610.020 Purpose Of Article.

[R.O. 1996 § 610.020; CC 1968 § 11-30(a); Ord. No. 4103 § 1, 9-17-2007]

A. This Article is designed to:

1. Prevent undue annoyance of City residents by peddlers, solicitors and canvassers;

2. Maximize the first amendment rights of peddlers, solicitors and canvassers as well as the right of City residents to be secure in their homes;

3. Reduce the opportunity for crime within the City;

4. Attempt to provide some assurance to residents of the City that peddlers, solicitors and canvassers are not burglars and criminals in disguise; and

5. Attempt to increase the physical safety of peddlers, solicitors and canvassers who go from place to place within the City.

Section 610.030 Peddlers, Solicitors And Canvassers Defined.

[R.O. 1996 § 610.030; CC 1968 § 11-30(b); Ord. No. 4103 § 1, 9-17-2007]

The following words, when used in this Chapter, shall have the meanings set out herein:

CANVASSER

A person who attempts to make personal contact with a resident at their 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.

PEDDLER

A person who attempts to make personal contact with a resident at their residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service for profit to themselves or their principal or seeks a donation for any cause of a profit-making or commercial character and shall include all persons, both principal and agents, who engage in or conduct in this City, either in one (1) locality or by traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one (1) place for a period of not more than one hundred twenty (120) days and who, for the purpose of carrying on such business, hire, lease, occupy or enter into or onto any private or public property, with or without permission of property owner, for the exhibition and/or sale of such goods, wares and merchandise and do not have a permanent place of business within the City of Blue Springs. Peddler shall not mean a full-time student of an educational institution who attempts to make personal contact with a resident or person at their residence or place of business without prior specific invitation or appointment from the resident or person for the primary purpose of attempting to sell a good or service as a fund-raising activity for the benefit of an educational program associated with the student's educational institution or any non-profit organization.

SOLICITOR

A person who attempts to make personal contact with a resident at their 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 organization or purpose, even if incidental to such purpose there is the sale of some good or service. Solicitor shall not mean a full-time student of an educational institution who attempts to make personal contact with a resident or person at their residence or place of business without prior specific invitation or appointment from the resident or person for the primary purpose of attempting to obtain a donation as part of a fund-raising activity for the benefit of an educational program associated with the student's educational institution or non-profit organization.

Section 610.040 Presumption.

[R.O. 1996 § 610.040; CC 1968 § 11-30(c); Ord. No. 4103 § 1, 9-17-2007]

A. It shall be presumed that an individual is a peddler rather than a solicitor or canvasser. This presumption may be overcome by:

1. A showing that donations to the organization for which one wishes to solicit is exempt from Federal income taxation under Section 503 of the Internal Revenue Code,[1] and that it is a duly authorized and existing not-for-profit corporation; or

[1] Editor's Note: See 26 U.S.C. § 503.

2. A showing that the organization for which one wishes to solicit is an organization whose primary purpose is to influence public policy.

Section 610.050 Identification Card Required.

[R.O. 1996 § 610.050; CC 1968 § 11-30(d); Ord. No. 2490 § 2, 9-7-1994; Ord. No. 4103 § 1, 9-17-2007]

A. No person shall engage in any act as a peddler without first obtaining from the Finance Department a peddler's license and an identification card in accordance with the provisions herein. No person shall engage in any act as a solicitor without first obtaining from the Finance Department an identification card in accordance with the provisions herein. This Section shall not apply to canvassers which shall not be required to obtain an identification card.

B. If items are to be sold from a fixed location within the City by a peddler, the applicant shall display a "peddler's license" sign provided by the City in a prominent location so that it is visible from the street fronting the location where the items are to be sold.

Section 610.060 License And Identification Card Fees.

[R.O. 1996 § 610.060; CC 1968 § 11-30(e); Ord. No. 4103 § 1, 9-17-2007]

A. Any person desiring a peddler's identification card and license shall pay a fee of twenty dollars ($20.00). All fees are due upon application. The application fee shall not be refunded in the event either the license or permit (identification card) is not obtained or is denied.

B. Any person desiring a solicitor's identification card shall pay a fee of ten dollars ($10.00). All fees are due upon application. The application fee shall not be refunded in the event the permit (identification card) is not obtained or is denied.

C. Said license and/or identification card shall automatically expire sixty (60) days after its issuance or at such earlier time identified on the license and/or identification card.

D. The City shall charge a fee of five dollars ($5.00) for any duplicate license or identification card which does not exceed the original expiration date.

Section 610.070 Contents Of Application And Requirements For A License And/or Identification Cards.

[R.O. 1996 § 610.070; CC 1968 § 11-30(f); Ord. No. 2490 § 1, 9-7-1994; Ord. No. 4103 § 1, 9-17-2007]

A. Both peddlers and solicitors shall provide the following information in writing to the City Officer in charge thereof:

1. Name and physical description;

2. Permanent and local address and, in case of itinerant merchants and transient vendors, the local address from which proposed sales will be made;

3. A brief description of the nature of the practice/activity;

4. Name and address of the firm for, or on whose behalf, the orders are taken or the supplier of the goods involved;

5. Length of time for which the permit (identification card) is desired;

6. A statement as to whether or not the applicant has been convicted of any crime within the last ten (10) years and, if so, the nature of the offense and the penalty imposed;

7. Motor vehicle make, model, year, color and registration number, if same shall be used in the proposed peddling or solicitation; and

8. The person's social security number.

9. If items are to be sold from a fixed location within the City, the applicant shall provide the City with a written letter of permission from the property owner of the fixed location, said letter granting applicant the permission to sell from that specific address location.

10. In addition, solicitors shall supply the following information:

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 mailing address) where residents having subsequent questions can contact someone for information.

Section 610.080 Special Requirements For Peddler's Card.

[R.O. 1996 § 610.080; CC 1968 § 11-30(q); Ord. No. 4103 § 1, 9-17-2007]

A. No person shall be issued a peddler's identification card unless:

1. They demonstrate that they (or in the case of an agent, their principal) have a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo. (In the case that the agent or their principal is exempt from Missouri sales tax, a copy of the sales tax exemption shall be provided and remain on file in the Finance Department.); or

2. They, or their principal, deposit with the Finance Department or their designee a bond in the amount of one hundred dollars ($100.00) (cash or surety) per license to secure collection and payment to the State Department of Revenue of all City sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City if applicant does not, within ninety (90) days of the expiration or surrender of their peddler's card, demonstrate by affidavit or otherwise that said City sales tax has been paid; and

3. They demonstrate either:

a. They are a licensed itinerant vendor within the meaning of Sections 150.380 to 150.465, RSMo.; or

b. They are exempt from said requirement; and

4. They demonstrate either:

a. They have a "peddler" license from the County and State as required by Sections 150.470 to 150.540, RSMo.; or

b. They are exempt from said requirement.

Section 610.090 Issuance Of License And Identification Card.

[R.O. 1996 § 610.090; CC 1968 § 11-30(g); Ord. No. 4103 § 1, 9-17-2007]

A. Within sixteen (16) business hours after receipt of the application for a peddler identification card and license or a solicitor's identification card, or sooner if reasonably possible, requested identification cards and licenses shall be issued, unless:

1. The application is incomplete;

2. The required fee, if any, has not been paid;

3. The applicant has been convicted of a felony;

4. With respect to a particular identification card, if the individual for whom a card is requested has been convicted of a felony;

5. If any statement made in the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect;

6. If the applicant, or if the particular individual for whom an identification card is requested, has had a previous identification card revoked; or

7. If the applicant, or if a particular individual for whom an identification card is requested, has made a false statement regarding the peddling of merchandise or the solicitation of persons under this Section or in any other municipality.

B. Each identification card shall be valid for sixty (60) days, unless otherwise noted thereon, so long as any fee required for a license, in the case of a peddler's identification card, has been paid in full.

Section 610.100 Investigation.

[R.O. 1996 § 610.100; CC 1968 § 11-30(h); Ord. No. 4103 § 1, 9-17-2007]

During the period of time following the application for issuance of one (1) or more peddler identification card and license or a solicitor's identification card and their or its issuance, the Chief of Police or their designee shall make diligent investigation, as they deem necessary, to determine that the applicant is entitled to the identification card as hereinabove stated. If the Chief of Police or their designee has not completed their investigation within the time limits that are provided in Section 610.090 of this Article, they will advise the applicant of the reason for delay.

Section 610.110 Denial Of Identification Card.

[R.O. 1996 § 610.110; CC 1968 § 11-30(i); Ord. No. 4103 § 1, 9-17-2007]

If the Chief of Police, or their designee, or Finance Department denies the peddler identification card and/or license or a solicitor's identification card to one (1) or more persons, they shall promptly notify the applicant(s) in writing and state therein the reasons for denial.

Section 610.120 Applicant's Rights Upon Denial Or Revocation Of An Identification Card Or License.

[R.O. 1996 § 610.120; CC 1968 § 11-30(j); Ord. No. 4103 § 1, 9-17-2007]

If an identification card or license is denied to an applicant or is revoked pursuant to Section 610.110, the applicant or holder may, within ten (10) days of denial or revocation, make application to the City Clerk for a hearing thereon before the City Administrator or their designee. In such cases, the hearing shall be held within ten (10) working days of the date the application to the City Clerk for a hearing was made. Further appeal shall be to the Circuit Court of Jackson County, Missouri.

Section 610.130 Display Of Identification Card.

[R.O. 1996 § 610.130; CC 1968 § 11-30(k); Ord. No. 4103 § 1, 9-17-2007]

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 person as to be reasonably visible to any person who might be approached by said peddler or solicitor.

Section 610.140 Revocation Of Card.

[R.O. 1996 § 610.140; CC 1968 § 11-30(l); Ord. No. 4103 § 1, 9-17-2007]

A. Any identification card and peddler's license granted hereunder may be revoked by the Finance Department after the finding of:

1. Any violation of this Section by applicant or the person for whom the particular card was issued;

2. Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity;

3. Conviction of a felony;

4. Conducting the activity in such a manner as to constitute a violation of the Code of Ordinances of the City of Blue Springs, a breach of the peace or a menace to the health, safety or general welfare of the public.

Section 610.150 Unlawful Activities.

[R.O. 1996 § 610.150; CC 1968 § 11-30(m); Ord. No. 4103 § 1, 9-17-2007]

No person shall engage in any peddling or soliciting activities without a validly issued and current identification card, and it shall be unlawful to peddle without a validly issued, current license.

Section 610.160 General Prohibitions.

[R.O. 1996 § 610.160; CC 1968 § 11-30(n); Ord. No. 4103 § 1, 9-17-2007]

A. No person acting as a solicitor, peddler or canvasser shall:

1. Enter or remain on private property when they have reason to believe that the residents thereof have indicated the solicitor, peddler or canvasser is not welcome;

2. Make an uninvited entry into a resident's home;

3. Refuse to discontinue their message when requested by a hearer to do so, when on private property occupied by the hearer;

4. Enter upon any private property knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor, peddler or canvasser, either by a posted sign or otherwise;

5. Loan, transfer or allow in any manner another person to use their card;

6. Block or obstruct the path of any pedestrian or vehicular traffic or block or obstruct any way of ingress or egress to roads, buildings or other enclosures or conveyances, including, but not limited to, vehicles and elevators.

Section 610.170 Time Limits.

[R.O. 1996 § 610.170; CC 1968 § 11-30(o); Ord. No. 4103 § 1, 9-17-2007]

No person shall engage in acts as a peddler, solicitor or canvasser within the City limits except from 9:00 A.M. until 9:00 P.M. Monday through Friday and from 10:00 A.M. until 9:00 P.M. on Saturday and Sunday.

Section 610.180 Penalties.

[R.O. 1996 § 610.180; CC 1968 § 11-30(p); Ord. No. 4103 § 1, 9-17-2007]

It is unlawful for any person, as defined in Section 610.030 of this Title, to violate any of the provisions of this Section, and any person convicted of such violation shall be punished in accordance with Section 100.080 of this Code.

Section 610.190 Exceptions.

[R.O. 1996 § 610.190; CC 1968 § 11-30(r); Ord. No. 377 § 14, 12-28-1967; Ord. No. 1596 § 2, 1-5-1987; Ord. No. 1831 §§ 1 — 9, 5-1-1989; Ord. No. 4103 § 1, 9-17-2007; Ord. No. 4389 § 1, 5-21-2012; Ord. No. 4561 § 1, 8-3-2015]

The provisions of this Article and all its Sections and Subsections shall not apply to any person defined in Section 605.020 of this Title who is engaged in interstate commerce. Any merchant participating in the Blue Springs Fall Fun Festival; a holder of a fireworks permit issued pursuant to Chapter 235; an entrant in the annual BBQ contest associated with Fall Fun Festival sometimes known as the "BBQ Blaze-Off"; persons who would otherwise be required to comply that are participating in events held downtown sponsored by the City, persons participating in fund-raising events held downtown for a board or commission of the City, and persons participating in an event sponsored by a non-profit Section 501(c)(3) qualified entity involved in an event held downtown with the approval of the City; any Federal, State or local government employee or a public utility employee in the performance of their duty for their employer; any person made exempt by State law; any person operating a mobile food business or operating out of a mobile food truck or trailer; and any seller in a farmers' market within the City shall be exempt from obtaining a solicitor's identification card or a peddler's license or identification card. For the purposes of this provision, "downtown" shall be defined as the area bounded on the north by Vesper Street, the east by Eighth Street, the south by Walnut Street and the west by Fifteenth Street, if said streets were to be extended so as to be continuous and such that the boundary line shall be the outermost edge of the paved portion of said streets, or streets as extended, herein named. For purposes of this provision, the term "mobile food business" shall mean any business that serves food or beverages from a self-contained unit either motorized or in a trailer on wheels, and conducts all or part of its operations on multiple premises other than its owners or tenants and is readily movable, without disassembling, for transport to another location. For purposes of this provision, the term "mobile food truck or trailer" shall mean a large vehicle equipped for cooking and/or providing food for sale which is used to serve such food and/or beverage from an enclosed, self-contained motorized vehicle or trailer which is intended to be mobile and which is not placed or used on one (1) particular property or public street for any period exceeding twenty-four (24) hours at a time except when servicing a festival, carnival or similar activity and then for no longer than such festival, carnival or similar activity is operating and open to the public.

Section 610.195 Distribution Of Handbills And Commercial Flyers.

[R.O. 1996 § 610.195; Ord. No. 4103 § 1, 9-17-2007]

A. In addition to the other regulations contained herein, a peddler, solicitor or canvasser leaving handbills or commercial flyers about the City 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 City of Blue Springs Police and other City employees 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 that would come within the restrictions set forth in either Section 610.160(A)(1) or (4).

4. Any person observed distributing handbills or flyers shall be required to identify themselves to the Police upon request (either by producing an identification card 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.