[Ord. No. 1765 §1, 9-23-2002]
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 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
or service.
[Ord. No. 1765 §2, 9-23-2002]
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 of his/her employer.
[Ord. No. 1765 §3, 9-23-2002]
No person shall act as a peddler or as a solicitor within the
City of Lake Saint Louis 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.
[Ord. No. 1765 §4, 9-23-2002; Ord. No. 3421 §1, 6-15-2015]
A.
The
fee for the issuance of each identification card shall be:
1.
For a peddler acting on behalf of a merchant otherwise licensed to
do business with the City, no fee.
2.
For a peddler acting on behalf of a merchant not otherwise licensed
to do business within the City, a fee of ten dollars ($10.00) per
day.
3.
For a peddler acting on behalf of a merchant not otherwise licensed
to do business within the City, a fee of one hundred dollars ($100.00)
for a six-month license.
4.
For a solicitor (including a commercial solicitor advertising an
event, activity, good or service for purchase at a location away from
the residence), no fee.
5.
For a canvasser requesting an identification card, no fee.
[Ord. No. 1765 §5, 9-23-2002]
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. 1765 §6, 9-23-2002]
A.
The
applicant (person or organization) shall provide the following information:
1.
Name of applicant.
2.
Number of identification cards required.
3.
The name, physical description and photograph of each person for
which a card is requested. In lieu of this information, a 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.
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
of each person for whom a card is requested for the seven (7) years
immediately prior to the application.
9.
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.
10.
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.
11.
If a card is requested for a solicitor:
12.
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. 1765 §7, 9-23-2002]
The identification card(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 any
statement upon the application is false, unless the applicant can
demonstrate that the falsehood was the result of excusable neglect.
[Ord. No. 1765 §8, 9-23-2002]
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 610.070, 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 canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.)
[Ord. No. 1765 §9, 9-23-2002]
If the issuing officer denies (or, upon completion of an investigation,
revokes) the identification card to one (1) or more persons, he/she
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 be immediately
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
before the following tribunal:
The Lake Saint Louis Board of Aldermen at its next regular meeting.
[Ord. No. 1765 §10, 9-23-2002]
If the applicant requests a hearing under Section 610.090, 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.
[Ord. No. 1765 §11, 9-23-2002]
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.
[Ord. No. 1765 §12, 9-23-2002; Ord. No. 3421 §2, 6-15-2015]
An identification card shall be valid within the meaning of
this Chapter for a period of three (3) months from its date of issuance
or the term requested for the per-day license, whichever is less.
An identification card shall be valid for a period of six (6) months
from its date of issuance or the term requested for the six-month
license.
[Ord. No. 1765 §13, 9-23-2002]
A.
In
addition to the administrative revocation of an identification card,
a card may be revoked for any of the following reasons:
1.
Any violation of this Chapter by the applicant or by 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 any felony or a misdemeanor 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.
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The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 610.090 above.
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[Ord. No. 1765 §14, 9-23-2002; Ord.
No. 4133, 8-17-2020]
A.
In
addition to the other regulations contained herein, a solicitor or
canvasser leaving handbills or commercial flyers about the community
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 Police 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.
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (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.
A.
No
peddler, solicitor or canvasser shall:
1.
Enter upon any private property where the property has clearly posted
in the front yard a sign or where a homeowner's association, community
association or other governing body of the said property has posted
a sign or signs at the entrance(s) and exits(s) to any subdivision
or neighborhood visible from the right-of-way (public or private)
indicating a prohibition against peddling. soliciting and/or canvassing.
2.
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" and which
is clearly visible to the peddler, solicitor or canvasser.
3.
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.
4.
Remove any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
5.
Enter upon the property of another except between the hours of 8:00
A.M. and 5:00 P.M.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvasser has an express invitation from the
governing body, resident or occupant of a dwelling allowing him/her
to enter upon any posted property.
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Nothing in this Section shall prohibit or ban any solicitor,
canvasser or peddler from legally accessing or using any public street,
public way or public property.
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B.
No
Soliciting Sign Requirements.
1.
Signage For Individual Residences.
a.
Such sign shall not exceed one (1) square foot in size and shall
contain the words "no soliciting" or "no solicitors" in letter of
at least two (2) inches in height. (The phrase "no soliciting" or
"no solicitors" shall also prohibit peddlers and canvassers.)
2.
Signage For Subdivisions, Homeowners' Associations, Property Owner's
Associations, Community Associations And Other Governing Bodies.
a.
Such sign shall be the appropriate dimensions and size deemed appropriate
by the Director of Public Works and shall contain the words "no soliciting"
or "no solicitors" and the governing bodies name if applicable in
letters of at least two (2) inches in height. (The phrase "no soliciting"
or "no solicitors" shall also prohibit peddlers and canvassers.)
b.
The Lake Saint Louis Public Works Department shall fabricate and
install all signs in the right-of-way. An established homeowners'
association, property owners' association, community association or
other governing body may request signs from the Public Works Department.
A charge, based on the estimated average cost for installation of
these signs, will be established by the Public Works Department and
shall be paid by the association prior to commencement of any work
by the City.
[1]
Editor's Note: Ord. No. 4133 also changed the title of this
Section to include "No Soliciting Sign Requirements."
[Ord. No. 1765 §16, 9-23-2002]
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.
