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.
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 "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,
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.
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.
[R.O. 2011 §5.16.020; Prior Code §18-121; Ord. No. 4548 §1]
It is unlawful for any person to carry on the business of solicitor
or canvasser within the limits of the City without obtaining a license
therefor.
[R.O. 2011 §§5.16.030, 5.64.030; Prior Code §§18-60,
18-122; Ord. No. 4548 §1; Ord. No. 5263
§1, 11-3-1980; Ord.
No. 6165 §1(part), 1998]
A.
Canvassers And Solicitors. There shall be levied and collected
from every person, firm or corporation carrying on the business of
solicitor or canvasser, as herein defined, an annual fee of six dollars
($6.00); there shall be levied and collected from every corporation,
partnership or association carrying on said business an annual license
fee of thirty dollars ($30.00). Every such license shall show the
place of residence of such solicitor or canvasser and shall be carried
and exhibited whenever required by any police or other officer authorized
to make arrests. In the event there is more than one (1) representative
of a person, corporation, partnership or association carrying on the
business herein defined, then there shall be levied and collected
from each such representative an annual license fee of six dollars
($6.00), for which a license shall be issued.
B.
Peddlers And Hawkers.
1.
The
fee for a license issued under this Chapter shall be thirty dollars
($30.00). The license shall be issued for a period not to exceed forty-eight
(48) hours.
2.
Every
license shall show the place of residence of the peddler or hawker,
and he/she shall carry the license with him/her and exhibit the same
upon the request of any Police Officer.
3.
In the
event there is more than one (1) representative of a person carrying
on the business of a peddler or hawker, there shall be an additional
fee of six dollars ($6.00), for which a license shall be issued for
the same period.
[R.O. 2011 §5.16.050; Prior Code §18-124; Ord. No. 4651 §1; Ord. No. 4659 §1; Ord. No.
4830 §1]
It is unlawful for any person, as defined in Section 100.080 of the University City Municipal Code, to distribute door-to-door, on a sample basis, or other similar method of dissemination, any inherently dangerous product, including, but not limited to, razor blades or deodorants, or any product which on its package contains a warning or other caution against internal or external use, with or without antidote instructions or precautions as to such use; provided however, that such product may be handed to an adult member of the household or dwelling unit where such product is distributed, or such products may be distributed without being handed to an adult member of any dwelling unit if said product is packaged in a child-proof package which is proven to have a child-resistant effectiveness of percentages specified as safe in the testing procedure for special packaging under Testing Regulation No. 16 CFR 1700.20 of the Poison Prevention Packaging Act of 1970.
[R.O. 2011 §5.64.020; Prior Code §18-59; Ord. No. 6165 §1(part), 1998]
A.
It is
unlawful for any person to carry on the business of a peddler or hawker
in the City unless the person has a license issued therefor by the
City Manager or the City Manager's designee.
B.
No license
to carry on such business shall be issued unless:
1.
The
applicant is a charitable or religious organization exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code;
2.
The
application includes the following:
a.
The
name, address and telephone number of the applicant,
b.
Proof
of the applicant's tax exempt status,
c.
A
list or description of the items which will be sold or offered for
sale,
d.
A
sketch drawing of the location where the items will be sold or offered
for sale indicating the proposed arrangement on said property,
e.
The
date and time when the items will be sold or offered for sale,
f.
Proof
of the applicant's right to be on the premises where the items will
be sold or offered for sale,
g.
Any
other information deemed relevant by the City Manager or the City
Manager's designee;
3.
The
required license fee is paid;
4.
The
items will be sold or offered for sale by the applicant upon premises
lawfully occupied by a business licensee under this Title; and such
items can be lawfully sold on the premises by the business licensee;
and the items will be sold or offered for sale only during the hours
the business is open to the public for business;
5.
During
the preceding twelve (12) months the applicant has not been permitted
to carry on the business of a peddler or hawker more than four (4)
times under a different license issued for each time;
6.
No person
has been issued a license to carry on the business of a peddler or
hawker upon the same premises of the business licensee within thirty
(30) days of the date the items will be sold or offered for sale by
the applicant;
7.
The
applicant will not obstruct or otherwise interfere with vehicular
or pedestrian traffic on the premises where the items will be sold
or offered for sale; and
8.
The
applicant will provide adequate refuse containers on the premises
where the items will be sold or offered for sale.
C.
The City
Manager or the City Manager's designee may impose license conditions
consistent with this Section, and the applicant and any agent, employee,
member, officer or representative thereof shall comply with the same.
A.
It shall
be unlawful for any peddler, solicitor or canvasser to:
1.
Leave
or attach any handbill or flyer at or to any sign, utility pole, transit
shelter or other structure within the public right-of-way. The City's
Police are authorized to remove any handbill or flyer found within
the right-of-way;
2.
Leave
or attach any handbill or flyer at or to any privately owned property
in a manner that causes damage to such privately owned property;
3.
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", or similar language,
in letters of at least two (2) inches in height. (The phrase "no soliciting"
or "no solicitors" shall also prohibit peddlers and canvassers);
4.
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" or similar language and
which is clearly visible to the peddler, solicitor or canvasser;
5.
Enter
or remain upon any private property after having been orally requested
or directed by the owner or occupant thereof to leave the premises;
6.
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;
7.
Remove
any yard, door or entrance sign that gives notice to such person that
the owner or occupant of the private property does not invite peddlers,
solicitors or canvassers; or
8.
For
those persons who do not wish to restrict access by sign, solicitation
shall be permitted as follows: During the fall and winter months of
November, December, January, February and March, the restrictions
against solicitation will begin at 7:00 P.M. During the spring, summer
and fall months of April, May, June, July, August, September and October,
the restrictions against solicitation will begin at 8:30 P.M.
|
|
The above prohibitions shall not apply when the peddler, solicitor
or canvasser has an express invitation from the owner or occupant
of the private property to enter and remain on said property.
|
[R.O. 2011 §5.20.010; Prior Code §7-1; Ord. No. 3977 §1]
It is unlawful for any person or any agent, member or representative
thereof, directly or indirectly, to solicit money, donations of money,
property or financial assistance of any kind, to sell or offer to
sell any article, tag, service emblem, publication, ticket, advertisement,
subscription or anything of value on the plea or the representation
that such sale or solicitation, or the proceeds thereof, is for a
charitable, religious, patriotic or philanthropic purpose on the streets,
in any office or business building, by house-to-house canvass or in
any other private or public place, by personal solicitation, by mail
or in any other way in the City, unless such person shall first have
obtained a permit as provided in this Chapter; provided however, that
the provisions of this Section shall not apply to any established
society, association or corporation that is organized and operated
exclusively for religious, philanthropic, benevolent, fraternal, charitable
or reformatory purposes, not operated for pecuniary profit, where
no part of the net earnings of which inure to the benefit of any person,
private shareholder or individual, and where the solicitation of such
organization shall be conducted among the members thereof by other
members or officers thereof, voluntarily and without remuneration
for such solicitations, or where such solicitation may be in the form
of collections or contributions at the regular exercises or services
of any church, religious society, lodge, benevolent order or fraternity
or similar organizations, or any branch thereof.
[R.O. 2011 §5.20.020; Prior Code §7-2; Ord. No. 5816 §1, 7-29-1991; Ord. No. 6192, 1999]
A.
Application for permits to solicit for any cause whatever, as provided in Section 610.080, shall be sworn to and addressed to the City Council, must be filed at least sixty (60) days prior to the commencement date of the requested solicitation, and shall contain the following information:
1.
The
name of organization applying for a license to solicit, and the address
of its headquarters;
2.
The
names and addresses of its principal officers and management;
3.
The
purpose for which such solicitation is to be made and the use and
disposition to be made of any receipts therefrom;
4.
The
name of the person by whom the receipts of such solicitation shall
be disbursed;
5.
The
name and address of the person who will be in direct charge of conducting
the solicitation;
6.
An outline
of the methods to be used in conducting the solicitations; provided
that solicitations in street rights-of-way shall be prohibited; and
permission of the business establishments shall be secured in any
case where solicitations are to be conducted in front of businesses
and shopping centers;
7.
The
time when such solicitations shall be made, giving the preferred date
for the beginning and ending of such solicitations;
8.
The
amount of any wages, fees, commissions, expenses or emoluments to
be expended or paid to anyone in connection with such solicitation,
together with the manner in which such wages, fees, expenses, commissions
or emoluments are to be expended, to whom paid and the amount thereof;
9.
A financial
statement for the last preceding fiscal year of any funds collected
for the purpose set out in the foregoing Section by the organization
or persons seeking a permit for such solicitations, such statement
giving the amount of money so raised, together with the cost of raising
it and final distribution thereof;
10.
A
full statement of the character and extent of the charitable, religious
or philanthropic work being done by the applicant organizations within
the City;
11.
Such
other information as may be required by the City Council, in order
that they may fully determine the kind and character of the proposed
solicitation, and as to whether such solicitation is in the interest
of, and not inimical to, the public welfare;
12.
A
statement to the effect that if a permit is granted, it will not be
used or represented in any way as an endorsement by the City Council,
or by any member thereof, or by the City;
13.
Each
application shall be accompanied by a true copy of a currently effective
charitable solicitation permit issued by the St. Louis County Department
of Revenue, Division of Licenses, except for organizations having
an organizational address within the corporate limits of University
City and planning to conduct their solicitation activities wholly
within this City.
[R.O. 2011 §5.20.030; Code 1950 §1504.3; Prior
Code §7-3]
Upon receipt of an application pursuant to this Chapter, such
investigation as shall be deemed necessary in regard thereto shall
be made, and if the City Manager and Council are satisfied that such
solicitation is to be for a bona fide charitable, religious, patriotic
or philanthropic purpose, and is prompted solely by a desire to finance
the cause in question, and is to be conducted under the control and
supervision of responsible and reliable persons, then a permit shall
be issued, which shall be non-transferable, and shall run for a period
of not more than three (3) months.
[R.O. 2011 §5.20.040; Code 1950 §1504.5; Prior
Code §7-4]
The City Manager and the Council shall have the power to revoke
any permit that may have been granted under this Chapter. If, upon
the receipt of information or upon its own investigation, the Council
shall find that any agent or representative of the licensee is misrepresenting
or making untrue statements with regard to the solicitations or the
purposes thereof, or has made untrue statements in the application,
or that in any other way the solicitation has been conducted, or is
being conducted, in violation of any part of this Chapter, or in a
manner inimical to the public welfare of the community, then the City
Manager shall immediately revoke and cancel such permit; provided
that before any permit is revoked, the City Manager and Council shall
give the permit holder twenty-four (24) hours' notice in writing that
a hearing is to be had, and at such meeting the City Manager and Council
shall ascertain the facts, and if any reason above set forth for revoking
a permit is found to exist, the permit shall be revoked.
[R.O. 2011 §5.20.050; Prior Code §7-5; Ord. No. 3978 §1; Ord. No. 5125 §1]
It is unlawful for any person, organization, society, association
or corporation holding a permit, or for any of his/her agents, members
or representatives, to advertise, represent or hold out in any manner
that such permit is an endorsement of such holder by the City; provided
that it shall be lawful for a permit holder to use, advertise and
hold out the fact of his/her permit in the following words, and no
other: "Charities Solicitations Permit No. _____", including the serial
number of his/her permit. Solicitations may be made only between the
hours of 9:00 A.M. and 9:00 P.M.; provided however, that time limitations
on solicitations upon residential property shall be governed by Section
610.070(8).
[R.O. 2011 §5.20.060; Code 1950 §1504.6; Prior
Code §7-6]
Any person or any agent or representative thereof violating any of the provisions of this Chapter, or knowingly filing, or causing to be filed, a false affidavit in connection with the application as provided for by this Chapter, or representing in any way that any permit granted hereunder is an endorsement of such a solicitation shall be deemed guilty of an ordinance violation and subject to punishment as provided by Section 100.190 of the University City Municipal Code.
