[Ord. No. 1195 §2, 1-4-2016[1]]
A. 
The purpose of this Chapter is designed to:
1. 
Prevent undue annoyance of City residents by peddlers and solicitors.
2. 
Maximize the First Amendment rights and physical safety of peddlers and solicitors, as well as assure the right of City residents to be secure in their homes.
3. 
Attempt to provide some assurance to residents of the City that peddlers, solicitors and canvassers are not burglars and criminals in disguise.
[1]
Editor's Note: Section 1 of this ordinance repealed former Ch. 615, Peddlers, Canvassers and Transient Merchants, adopted by CC 1992 §§ 615.010 — 615.130, as amended.
[Ord. No. 1195 §2, 1-4-2016]
When used in this Chapter, the following terms are defined as follows:
CANVASSER
Any person, whether or not a resident of the City of Concordia, who goes from house to house, from place to place, or from street to street soliciting or taking orders for sale of goods, wares or merchandise of any nature whatever for future delivery or for service to be performed in the future, whether or not such person has samples of the subject of such order.
HAWKER
Any person who attempts to sell a good or service by shouting his goods or services for sale in the street or by making personal contact with a resident at his residence without prior specific invitation or appointment from the resident.
ITINERANT MERCHANT
Any person not maintaining a permanent place of business within the City who sells or offers to sell merchandise or services directly to an ultimate consumer. This Chapter shall not apply to local benevolent organizations conducting sales to raise funds for civic enterprises nor to salesmen selling to local wholesale or retail merchants or to manufacturers or industries. This Chapter shall apply to all itinerant merchants, including those who call on residents in their homes, those who set up temporary offices or salesrooms and those who operate from trucks or other mobile salesrooms.
PEDDLER
1. 
Any person who attempts to make personal contact with a resident at his residence or a specific business at the business location without prior specific invitation or appointment from the resident or business for the primary purpose of attempting to sell a good or service for profit to himself or his principal, or seeks a donation for any cause of a profit-making or commercial character. The definition of "peddler" shall include hawker, canvasser, itinerant merchants, and transient vendors.
2. 
Peddler shall not include:
a. 
A student of an educational institution who attempts to make personal contact with a resident at his residence or a business at the business location without prior specific invitation or appointment from the resident or business for the primary purpose of attempting to sell a good or service as a fundraising activity for the benefit of an educational program or non-profit organization; or
b. 
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.
PERSON
For the purpose of this Chapter, any person, firm or corporation whether acting as owner, agent, consignee or employee, and whether or not a resident of the City of Concordia.
SOLICITOR
1. 
Any person who attempts to make personal contact with a resident at his residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to:
a. 
Obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, education, civic, fraternal, charitable, political or religious purpose, even if incident to such purpose there is the sale of some good or service; or
b. 
Distributing a handbill or flyer advertising a commercial event or service.
2. 
Solicitor shall not include a student of an educational institution who attempts to make personal contact with a resident at his residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to obtain a donation as part of a fundraising activity for the benefit of an educational program or non-profit organization.
TRANSIENT VENDOR
A person who offers to sell new merchandise to the public at temporary premises because he/she has no permanent fixed location in the City. The definition of "transient vendor" does not include any person selling goods by sample, brochure, or catalog, or sales for future delivery.
[Ord. No. 1195 §2, 1-4-2016]
A. 
It shall be unlawful for any person to engage in peddling or solicitation activities within the City without first obtaining a license issued by the City pursuant to Chapter 615, Article II; provided however, that the following are exempted from the provisions of this Chapter:
1. 
Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
2. 
Any solicitation made upon premises owned or occupied by an organization, business or residence in which the peddler or solicitor is requested or invited for the purpose of engaging in business;
3. 
Any distribution of handbills, flyers, pamphlets, or other written materials to residences that advertise or promote a political, religious, charitable, or other non-commercial position, event, or service;
4. 
Sale, or soliciting of orders for the sale of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce grown or produced by the person selling the same.
[Ord. No. 1195 §2, 1-4-2016]
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor to enter upon any residential premises in the City where the owner, occupant, tenant or person legally in charge of the premises has posted at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. Any sign posted at the entry to the premises which is a minimum of ten (10) square inches shall be presumed to be adequate notice to a peddler or solicitor.
[Ord. No. 1195 §2, 1-4-2016]
Any peddler or solicitor who enters upon premises owned or leased by another and willfully refuses to leave said premises after having been notified by the owner or possessor of the premises, or his/her agent, to leave the premises shall be deemed guilty of a misdemeanor.
[Ord. No. 1195 §2, 1-4-2016]
No person shall solicit or peddle within City limits except between the hours of 9:00 A.M. and 8:00 P.M. Monday through Friday and from 10:00 A.M. until 5:00 P.M. Saturday. It shall be unlawful for any peddler or solicitor to engage in the business of peddling at any time on Sundays except by specific appointment with or invitation from the prospective customer.
[Ord. No. 1195 §2, 1-4-2016]
All peddlers and solicitors must comply with the provisions of this Chapter prior to going in or upon any private residence within the City for the purpose of engaging in business as a peddler or solicitor, unless requested or invited to do so by the owner or occupant thereof.
[Ord. No. 1195 §2, 1-4-2016]
It shall be unlawful for any person to engage in business as a peddler or solicitor within the City without first having applied for and obtained a license to do so from the City Clerk and without first paying the fee required by Section 615.110 of Chapter 615.
[Ord. No. 1195 §2, 1-4-2016]
A. 
Applicants for a license under this Chapter must file with the City Clerk a form in writing, furnished by the City, which shall give the following information:
1. 
Name and physical description of applicant;
2. 
Complete permanent home address;
3. 
A brief description of the nature of the business and goods to be sold;
4. 
If not self-employed, the name and address of the employer;
5. 
The length of time for which the right to do business is desired;
6. 
Description of any vehicle to be used, together with a license number;
7. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any misdemeanor, not including minor traffic violations;
8. 
A list of three (3) cities in which the applicant last carried on business; and
9. 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.
B. 
A completed application for a solicitation license shall be required for each individual (peddler, solicitor, canvasser, etc.) who will be involved in the selling, solicitation, taking of orders or delivery on behalf of the person, corporation, partnership, limited liability company, limited liability partnership, professional corporation, sole proprietorship, association of person, etc.
C. 
The applicant shall furnish a completed request for criminal record check for each individual (peddler, solicitor, canvasser, etc.) who will be involved in the selling, solicitation, taking of orders or delivery on behalf of the person, corporation, partnership, limited liability company, limited liability partnership, professional corporation, sole proprietorship, association of person, etc. The applicant will bear the cost of obtaining the criminal history record per the fee established by the State of Missouri at the time of application. Such criminal history shall be good for the period of January 1 through December 31 of the year of application.
D. 
For any peddler, as described under Section 615.010 (Definitions), the following shall apply: There shall be a two-week period from the submission date of the application to allow for a criminal record check to be completed by the City of Concordia.
E. 
After the application has been received and after the criminal record history has been processed, the City will issue the solicitor's license upon payment for license, provided all of the above items/steps/processes are or have been approved.
[Ord. No. 1195 §2, 1-4-2016]
Any person denied a license, and aggrieved by the action, shall have the right to appeal to the Board of Aldermen of the City of Concordia at a regularly scheduled Board meeting. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in writing by the City Clerk.
[Ord. No. 1195 §2, 1-4-2016]
Applicants for a license that have a rural Concordia postal address and live in the Concordia postal district shall pay a fee as set out in Chapter 150, Table B, of Title I of this Code for a one-day permit or a yearly permit (adhering to permissible hours of sale). Applicants outside the Concordia postal district shall pay a daily or yearly fee as set out in Chapter 150, Table B, of Title I of this Code (adhering to permissible hours of sale)
[Ord. No. 1195 §2, 1-4-2016]
No licensee shall have any exclusive right to any location in the public streets, nor be permitted a stationary location thereon, nor be permitted to operate in a congested area where such operation might impede or inconvenience public use of such streets. The judgment of a Concordia Police Officer, exercised in good faith, shall be deemed conclusive as to whether the public is inconvenienced or impeded by actions of the licensee.
[Ord. No. 1195 §2, 1-4-2016]
A. 
Licenses issued under the provisions of this Chapter may be revoked by the City Clerk for any of the following reasons:
1. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on his/her business;
2. 
Fraud, misrepresentation or incorrect statement contained in the application;
3. 
Conducting business as permitted by license in an unlawful manner or in such a manner as to constitute a breach of the peace of the public or to be a menace to the health, safety or general welfare of the citizens of Concordia.
B. 
No licensee whose license has been revoked under the provisions of Subsection (A) shall make further application for a license within six (6) months thereafter.
[Ord. No. 1195 §2, 1-4-2016]
Any person violating any of the provisions of this Chapter shall, upon the discretion of a Police Officer of the City of Concordia, be issued a citation and, upon conviction by the judge of Concordia Municipal Court, be deemed guilty of a misdemeanor. The fine for such misdemeanor shall be not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) and/or by imprisonment in the County Jail for not less than one (1) day or more than ninety (90) days.