[1]
Editor's Note: Ord. No. 12-118 § I, adopted 5-8-2012, repealed R.O. 1991 Ch. 610, Peddlers, and enacted new provisions set out herein. Former Ch. 610 derived from CC 1978 §§ 52.010 – 52.060, 52.075, 52.090 – 52.100, 52.120; Ord. No. 616 §§ I – III, 2-12-1991; Ord. No. 717 §§ I – II, 9-14-1993; Ord. No. 989 §§ I – II, 8-13-2002.
[R.O. 1991 § 610.010; Ord. No. 12-1118 §§ I — II, 5-8-2012]
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 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 particular patriotic, philanthropic, social service, welfare, benevolent, education, 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.
[R.O. 1991 § 610.020; Ord. No. 12-1118 §§ I – II, 5-8-2012]
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. This Chapter shall also not apply to fund-raising activities by or for bona fide local religious, educational or charitable organizations.
[R.O. 1991 § 610.030; Ord. No. 12-1118 §§ I – II, 5-8-2012]
It shall be unlawful for any peddler to engage in such business or activity within the City limits without first obtaining a license in compliance with the provisions of this Chapter.
[R.O. 1991 § 610.040; Ord. No. 12-1118 §§ I – II, 5-8-2012]
A.
Each applicant shall provide the following information on a form provided by the City Clerk:
1.
Full and legal name of applicant.
2.
Dates for which applicant desires to do business in the City.
3.
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.
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.)
6.
Date and place of birth for each person for whom a card is requested and the Social Security number of such person.
7.
A statement of all infraction, offense, ordinance violation and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.
8.
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.
9.
The name and permanent address of the business offering the event, activity, good or service (the peddler's principal).
10.
A copy of the principal's sales tax license as issued by the State of Missouri. 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.
11.
A "no tax due" letter from the Missouri Department of Revenue, dated seven (7) days or less from the date of application.
12.
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.
13.
The names of at least two (2) business references who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as will enable an investigator to properly evaluate such character and business responsibility.
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.
[R.O. 1991 § 610.050; Ord. No. 12-1118 §§ I – II, 5-8-2012]
[R.O. 1991 § 610.060; Ord. No. 12-1118 §§ I – II, 5-8-2012]
A.
No person shall act as a peddler within the City without first obtaining an identification card in accordance with this Chapter.
B.
Identification cards shall be worn on the outer clothing of the individual, as so to be reasonably visible to any person who might be approached by said person.
C.
A deposit of one hundred dollars ($100.00) shall be made for each identification card issued. Said deposit will be refunded upon return of the card to City Hall.
[R.O. 1991 § 610.070; Ord. No. 12-1118 §§ I – II, 5-8-2012]
A.
The identification card(s) shall be issued promptly after application but in all cases within twenty-four (24) business hours of completion of an application, unless it is determined within that time that:
1.
The applicant has been convicted of a felony or ordinance violation involving moral turpitude within the past seven (7) years.
2.
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
3.
It is determined that the business or individual has been the subject of complaints to law enforcement, State agencies, or the Better Business Bureau regarding products or business practices.
[R.O. 1991 § 610.080; Ord. No. 12-1118 §§ I – II, 5-8-2012]
Every applicant for a license under this Chapter shall file with the City Clerk a surety bond in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the City Clerk, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the City and the Statutes of the State regulating and concerning the business of peddler and guaranteeing to any citizen of the City that all money paid as a down payment will be accounted for and applied according to the representations of the peddler and further guaranteeing to any citizen of the City doing business with such peddler that the property purchased will be delivered according to the representations of such peddler. Action on such bond may be brought in the name of the City to the use or benefit of the aggrieved person. A single blanket bond may cover bona fide employees of the applicant, but independent contractors shall be separately bonded.
[R.O. 1991 § 610.090; Ord. No. 12-1118 §§ I – II, 5-8-2012]
During the period of time following the application for identification card 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 twenty-four (24) business hours provided in Section 610.070, the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
[R.O. 1991 § 610.100; Ord. No. 12-1118 §§ I – II, 5-8-2012]
If issuing officer denies (or revokes upon completion of an investigation) the identification card of one (1) or more persons, he shall immediately convey the decision to the applicant orally and shall within sixteen (16) working hours after the denial notify the applicant in writing of the denial and the reason. Upon receipt of the notification, the applicant shall have at his option an appeal of the denial of his application before the Municipal Court of the City at the next regularly scheduled court date.
[R.O. 1991 § 610.110; Ord. No. 12-1118 §§ I – II, 5-8-2012]
If the applicant requests a hearing under Section 610.100, 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 Audrain County. The hearing shall also be subject to the Missouri Open Meetings and Records law.
[R.O. 1991 § 610.120; Ord. No. 12-1118 §§ I – II, 5-8-2012]
No peddler shall conduct business except between the hours of 9:00 A.M. and 6:00 P.M.
[R.O. 1991 § 610.130; Ord. No. 12-1118 §§ I – II, 5-8-2012]
[R.O. 1991 § 610.140; Ord. No. 12-1118 §§ I – II, 5-8-2012]
It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses, phrases and words of this Chapter are severable, and if any Section, paragraph, sentence, clause, phrase or word(s) of this Chapter shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining Sections, paragraphs, sentences, clauses, phrases and words of this Chapter since the same would have been enacted by the Board of Aldermen without the incorporation in this Chapter of any such unconstitutional or invalid portion of the Chapter.
