Editor's Note — Ord. no. 3936 §1, adopted June 18,
2012, repealed ch. 625 and enacted new provisions set out herein.
Subsequently — Ord. no. 3978 §1, adopted June 17,
2013, repealed ch. 625 and enacted new provisions set out herein.
Former ch. 625 derived from ord. no. 3936 §1, 6-18-2012.
[Ord. No. 3978 §1, 6-17-2013]
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:
A person who sets up and operates a temporary business on
privately owned property for the purposes of soliciting, selling,
or taking orders for or offering to sell or take orders for any goods
or services. A temporary business is one that continues for forty-five
(45) days or less; and exists whether from a stand, vehicle or freestanding.
[Ord. No. 3978 §1, 6-17-2013; Ord. No. 4120, 5-7-2018[1]]
A.
No
person shall act as a peddler within the City without first obtaining
a permit in accordance with this Chapter. A canvasser or solicitor
is not required to have a permit but any canvasser wanting a permit
for the purpose of reassuring City residents of the canvasser's good
faith shall be issued one upon request.
B.
Except
as may be provided otherwise by this Code, the Finance Clerk shall
issue special permits, without payment of any license fee or other
charge therefor, to any person for the conduct or operation of a non-profit
enterprise, either regularly or temporarily, which he/she finds that
the applicant operates such enterprise without private profit for
a public charitable, educational, literary, fraternal, patriotic or
religious purpose. This provision applies only when such organizations
make public solicitations.
C.
Permits for itinerant vendor's or hawker's permits shall be valid for a period of forty-five (45) days from the date of issuance. Permit application shall be made on the form provided with a fee of twenty dollars ($20.00) being required. Itinerant vendors or hawkers shall be exempt from the criminal background requirement. Itinerant vendor or hawker permits are subject to revocation as outlined within Sections 625.060, 625.080, 625.090 of this Chapter.
[1]
Editor's Note: Ord. No. 4120 also changed the title of this
Section from "Permit Required For Peddlers, Solicitors, and Itinerant
Vendor or Hawker, Available For Canvassers" to "
[Ord. No. 3978 §1, 6-17-2013; Ord. No. 4120, 5-7-2018]
A.
The
applicant (person or organization) shall provide the following information:
1.
The name and address of the applicant;
2.
The name, physical description and photograph of each person for
which a permit is requested. (Picture ID required);
3.
The permanent and (if any) local address of applicant;
4.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
5.
The length of time for which the right to do business is desired;
6.
A brief description of the proposed activity related to this permit.
(Copies of literature to be distributed may be included as well).
The nature and character of the goods, wares, merchandise or services
to be offered by the applicant;
7.
A physical description of the applicant;
8.
Date and place of birth for applicant as well as driver's license
number and Social Security number of applicant;
9.
A list of all infractions, offenses, ordinance violations, misdemeanors
and felony convictions for the applicant for the seven (7) years immediately
preceding application;
10.
The motor vehicle make, model, year, color and State license plate
number of any vehicle which will be used by the applicant;
11.
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.
[Ord. No. 3978 §1, 6-17-2013]
A.
The
permit(s) shall be issued promptly after application but in all cases
within sixteen (16) business hours of completion of an application,
unless it is determined within that time that:
[Ord. No. 3978 §1, 6-17-2013]
A.
During a period of time following the application for permit and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. As a part of this investigation, a criminal background check will be run through the Missouri automated criminal history site. This portion of the investigation will cover the State of Missouri only. If the person requesting the permit is an out-of-State applicant, that applicant will be required to provide a criminal background check from his/her home State. No permits will be issued until such a time that these checks are provided. The time referred to in Section 625.040 will be tolled during the waiting period for any out-of-State background checks.
B.
The
criminal background checks shall be valid for a period of six (6)
months from the date of issue.
[Ord. No. 3978 §1, 6-17-2013]
A.
If
the issuing officer denies (or upon completion of an investigation
revokes) the permit, he/she or a representative from the City of De
Soto 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 immediately
be 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.
This appeal must commence within ten (10) business days from the date
of denial.
B.
Upon
written request, the matter will be heard by the following tribunals:
1.
A hearing in front of a City hearing officer who shall be the City
Manager or his designee. This hearing will be scheduled and heard
as quickly as is practical, but in no case any later than ten (10)
business days from the time of denial or revocation. If the party
feels further aggrieved;
2.
The City Council at its next regular meeting or, if the next regular
meeting is more than ten (10) days from the date of denial of the
application, at a special meeting to be held within ten (10) day period,
due notice of which is to be given to the public and the applicant.
If the party still feels aggrieved;
3.
Before the Municipal Court of the City, provided that such hearing
will be scheduled within ten (10) days of the request, due notice
of which will be given to the public and the applicant.
[Ord. No. 3978 §1, 6-17-2013]
If the applicant requests a hearing under Section 625.060, 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 hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall be subject to the Missouri Open Meetings and Records Law.
[Ord. No. 3978 §1, 6-17-2013]
A.
In
addition to the administrative revocation of a permit, a permit may
be revoked for any of the following reasons:
1.
Any violation of this Chapter by the applicant.
2.
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
3.
Conviction of any felony, misdemeanor or ordinance violation involving
moral turpitude within the last seven (7) years.
4.
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.
[Ord. No. 3978 §1, 6-17-2013]
A solicitor's or canvasser's permit may be revoked by the Public
Safety Chief for violation by the holder thereof of any provisions
of the City Code or other ordinances of the City or any State or Federal
law, or whenever the holder of such permit shall, in the judgment
of the Public Safety Officer, cease to possess the character and qualifications
required for the issuance of such permit.
[Ord. No. 3978 §1, 6-17-2013; Ord. No. 4120, 5-7-2018]
A peddler's permit shall be carried at all times by the applicant
to whom issued, when peddling within the City, and shall be exhibited
by such applicant whenever he/she shall be requested to do so by any
Police Officer or any person solicited.
[Ord. No. 3978 §1, 6-17-2013; Ord. No. 4120, 5-7-2018]
There is hereby levied, and the Finance Clerk shall collect
as herein provided, from each peddler, solicitor or canvasser issued
a permit pursuant to this Chapter a twenty dollar ($20.00) administrative
fee; this fee covers administrative costs as well as costs for the
criminal background check.
[Ord. No. 3978 §1, 6-17-2013; Ord. No. 4120, 5-7-2018]
A.
No
peddler, solicitor or canvasser shall:
1.
Enter or remain on property where the property has been clearly marked
either by signs posted on the property or by sign or sticker placed
on the primary entryway leading into the residence stating "no soliciting,"
"no solicitors" or similar language and which is clearly visible to
the peddler, solicitor or canvasser.
2.
Use or attempt to use any entrance other than the front or main entrance
or the entrance designated as the primary entryway leading into the
residence except by express invitation of the resident or occupant
of the property.
3.
Remove any signage giving notice prohibiting peddling, soliciting
or canvassing.
4.
Peddling shall be permitted Monday through Saturday, excluding holidays,
within the daylight hours of 9:00 A.M. and 5:00 P.M. during Central
Standard Time and 9:00 A.M. and 7:00 P.M. during Central Daylight-Saving
Time.
B.
Canvassing
shall be permitted Monday through Sunday excluding holidays, within
the daylight hours of 9:00 A.M. and 5:00 P.M. during Central Standard
Time and 9:00 A.M. and 7:00 P.M. during Central Daylight-Saving Time.
[Ord. No. 3978 §1, 6-17-2013]
It is unlawful for any person, firm or organization, any corporation
or other person to fail to comply with this Chapter and any person
violating any of the provisions of this Chapter shall be subject to
the permit being revoked and shall be deemed guilty of a misdemeanor
and be punished by a fine not to exceed five hundred dollars ($500.00),
or by imprisonment in the City Jail not to exceed ninety (90) days,
or both such fine and imprisonment. Every day that any business or
solicitation is carried on without a license as required shall be
and constitutes a separate offense and punished by a like fine and
imprisonment.
