[Ord. No. 01072013 §1, 1-7-2013[1]]
It is the policy of the City of Peculiar, Missouri, to regulate
the activities of solicitors, canvassers and peddlers in order to
promote and protect the public health, safety and welfare. It is not
the intent of this Chapter to interfere with or infringe upon the
constitutionally protected right to freedom of speech or assembly,
except to the minimum extent necessary to ensure the safety and right
to privacy of the citizens of Peculiar, Missouri. This Chapter shall
not apply to a Federal, State, or local government employee, or to
a public utility employee, in the performance of his/her duty for
his/her employer.
[1]
Editor's Note: Section I of this ordinance also repealed
former Ch. 615, Peddlers, as adopted and amended by Ord. No. 96 §§1
— 18, 11-6-1967.
[Ord. No. 01072013 §I, 1-7-2013]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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 shall not include any person who would
otherwise constitute a peddler under this Chapter but is seeking donations
or to sell goods/services for a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
or charitable firm, corporation, association, club, organization,
society, or other entity.
Includes the singular and the plural; and shall also mean
and include any person, firm, corporation, association, club, co-partnership,
society, organization, or any other entity.
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 solicitor shall not include any person who would otherwise
constitute a solicitor under this Chapter but is seeking donations
or to sell goods/services for a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
or charitable firm, corporation, association, club, organization,
society, or other entity.
[Ord. No. 01072013 §I, 1-7-2013]
A.
It shall be unlawful for any person to engage in the business of peddling or soliciting, as defined in Section 615.020 of this Chapter, within the corporate limits of the City of Peculiar, Missouri, without first obtaining a license therefor and as provided herein.
B.
A person engaging in canvassing, as defined in Section 615.020 of this Chapter, within the corporate limits of the City of Peculiar, Missouri, shall not be required to have a license but may acquire one for the purpose of reassuring City residents of the canvasser's good faith.
C.
It shall be unlawful for any person, whether engaged in business
or not, to solicit, offer for sale, transact the sale of goods or
services, seek donations or contributions, or distribute materials
in the right-of-way of any public road, street, or highway, regardless
of whether such actions are for commercial, charitable or non-profit
purposes. It shall be further unlawful for any person to solicit,
offer for sale, transact the sale of goods or services, seek donations
or contributions, or distribute materials to persons situated within
vehicles that are located within the right-of-way of any public road,
street or highway, regardless of whether such actions are for commercial,
charitable, or non-profit purposes. Nothing in this Subsection shall
be deemed to prohibit otherwise lawful non-commercial activities on
sidewalks or other designated areas where such activities clearly
do not hinder or stop vehicular traffic or adversely impact public
safety. The prohibition with regard to public rights-of-way shall
not apply to community-sponsored activities, provided that, prior
to such activity, the sponsoring community organization has first
obtained permission from the City of Peculiar.
[Ord. No. 01072013 §I, 1-7-2013]
A.
Each individual solicitor or peddler must have an individual license
under this Chapter. Each individual canvasser may have an individual
license under this Chapter. To this end, each applicant for a license
must file a sworn application in writing on a form to be furnished
by the Police Clerk, which shall give, at minimum, the following information:
1.
Name and address of the applicant.
2.
Copy of a valid driver's license, military identification
card, passport, or other identification card with photo.
3.
A brief description of the applicant's proposed activity;
or a brief description of the nature of the business and the goods
to be sold.
4.
The length of time for which the right to do business is desired.
5.
A list of all infractions, offenses, misdemeanor convictions,
and felony convictions for each applicant for the seven (7) years
immediately prior to the application, as well as the punishment or
penalty assessed therefor.
6.
The motor vehicle make, model, year, color, and state license
plate number of any vehicle that will be used by each person for whom
the card is requested.
7.
If the 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 for any business that appears on the City's annual report
of sales tax payees as provided by the Missouri Department of Revenue.
8.
If the card is requested for a solicitor:
9.
As relevant, proof of compliance with all County and State rules,
orders, and statutes (including but not limited to Sections 150.470
through 150.540, RSMo.) concerning peddling.
10.
Any other information the applicant wishes to provide, including
(but not limited to), copies of literature to be distributed, references
to other municipalities where similar activities have occurred, etc.
[Ord. No. 01072013 §I, 1-7-2013]
A.
Upon receipt of an application in accordance with Section 615.040 of this Chapter, the original shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good. Such an investigation is deemed by the City to be necessary in order to protect the public interest due to the fact that such activities involve unsolicited contact with persons that usually occur at another's residence. There shall be a waiting period of two (2) business days in order to afford necessary time to complete the investigation and to process the application with respect to those businesses for which an investigation is required by this Chapter.
B.
An applicant's license shall be issued unless it is determined
by such investigation that any of the following conditions exist:
C.
If a canvasser requests an identification card, the investigation
will proceed as described above, but if the City refuses to issue
an identification card (or revokes it after issuance), the canvasser
will be advised that the failure to procure an identification card
does not prevent him/her from canvassing the residents of the City.
D.
If, as a result of the investigation, none of the conditions set forth in Subsection (B) are found to exist, the Chief of Police shall endorse the application with his approval. The Police Clerk shall thereafter execute a license; and after collection of a twenty-dollar occupational license fee (in the case of peddlers), deliver the applicant his license.
E.
Such license shall contain the signature and seal of the Chief of
Police and shall show the name, company, and photograph of the applicant;
the expiration date of the license; and the manner in which the licensee
will carry on his business (i.e., by foot, vehicle, etc.). The Police
Clerk shall keep a permanent record of all licenses issued.
[Ord. No. 01072013 §I, 1-7-2013]
No license issued under the provisions of this Chapter shall
be assignable, transferable, or used at any time by any person other
than the one to whom it was issued. A licensee in default with any
of the provisions of this Chapter or in any manner to the City of
Peculiar, except as to current taxes, shall be prohibited from using
his or her license until such default is cured.
[Ord. No. 01072013 §I, 1-7-2013]
No licensee under this Chapter, nor any person in his behalf,
shall shout, make any cry out, blow a horn, or use any other sound
device (including any loud-speaking radio or sound-amplifying system
but excluding a bell) upon any of the streets, alleys, parks or other
public places of the City of Peculiar (or upon any private premises
in the City of Peculiar) where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places for the purpose
of attracting attention to any goods, wares, or merchandise that the
licensee proposes to sell.
[Ord. No. 01072013 §I, 1-7-2013]
No licensee under this Chapter shall have any exclusive right
to any location in the public streets or to any stationary location.
Further, no licensee shall be permitted to operate in any congested
area where his operations might impede or inconvenience the public.
For the purpose of this Chapter, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced.
[Ord. No. 01072013 §I, 1-7-2013]
Licensees under this Chapter are required to exhibit their licenses
at the request of any citizen. Licensees are required to display their
license in the City-provided placard during all times of peddling,
soliciting, and/or canvassing.
[Ord. No. 01072013 §I, 1-7-2013]
Licenses issued pursuant to this Chapter shall only be valid
from 8:00 A.M. to 8:00 P.M. Operating outside of this time is strictly
prohibited.
[Ord. No. 01072013 §I, 1-7-2013]
The Chief of Police shall report to the Police Clerk all convictions
for violations of this Chapter. The Police Clerk shall maintain a
record for each license issued and record the reports of violations
therein.
[Ord. No. 01072013 §I, 1-7-2013]
A.
Licenses issued under the provisions of this Chapter may be revoked by the Chief of Police of the City of Peculiar after notice and hearing, in accordance with Section 615.130 of this Chapter, for any of the following causes:
1.
Fraud, misrepresentation, or a false statement contained in
the application for license.
2.
Fraud, misrepresentation, or a false statement made in the course
of carrying on the licensee's business or non-business endeavor.
3.
Any violation of this Chapter.
4.
Conviction of any crime or misdemeanor involving moral turpitude.
5.
Conducting the business of peddling or soliciting in an unlawful
manner or in such a manner so as to constitute a breach of peace or
constitute a menace to the health, safety, or general welfare of the
public.
[Ord. No. 01072013 §I, 1-7-2013]
A.
Any person aggrieved by the action of the Chief of Police or the Police Clerk involving the denial of any application for a license in accordance with Section 615.040 of this Chapter; or an action involving a decision relating to the revocation of a license in accordance with Section 615.120 of this Chapter, shall have the right of appeal to the Board of Aldermen of the City of Peculiar within fourteen (14) days after the notice of the action complained of has been mailed to such person's last known address.
B.
The request for appeal shall consist of a written statement fully
setting forth the grounds for the appeal.
C.
The Board of Aldermen shall set a time and place for hearing on such appeal. Notice of the hearing shall be given to the appellant in the same manner as provided in Section 615.120 of this Chapter.
D.
Except as otherwise required by law, the decision and order of the
Board of Aldermen on the appeal shall be final and conclusive.
[Ord. No. 01072013 §I, 1-7-2013]
All licenses shall expire on the date specified in the license, but may be renewed from time to time for periods not exceeding one (1) year so long as the renewal applicant has not violated any provision of this Chapter and still meets the requirements set forth in Section 615.050 of this Chapter.
[Ord. No. 01072013 §I, 1-7-2013]
A.
A person desirous of renewing a license issued in accordance with the provisions of this Chapter must submit a renewal application in accordance with Section 615.030 of this Chapter to the Police Clerk no later than five (5) days prior to the expiration of the present license. The application shall include an affidavit, wherein the applicant must swear:
1.
That the applicant has not been convicted of a crime or misdemeanor
of moral turpitude;
2.
As relevant, that the applicant complies with all County and
State rules, orders, and statutes (including but not limited to Sections
150.470 through 150.540, RSMo.) concerning peddling; and
3.
That the applicant has adhered to all provisions of this Chapter.
[Ord. No. 01072013 §I, 1-7-2013]
Any person violating any of the provisions of this Chapter shall,
upon conviction thereof, be punished by a fine not to exceed one hundred
dollars ($100.00), by imprisonment not to exceed thirty (30) days,
or both.
