[Ord. No. 1745 §2, 12-20-2004]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
CANVASSER
Any individual engaged in the act of canvassing and/or attempting to make personal contact with a resident or individual at his/her residence or place of business 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.
MERCHANDISE
Goods, wares and merchandise of any and all kinds, size, nature and description including, but not limited to, books, charts, maps, magazines, newspapers, tickets, emblems and coupons.
PEDDLER
Any individual engaged in the act of peddling and attempting to make personal contact with a resident or individual at his/her residence or place of business and attempting to sell or offering to sell goods or merchandise by going from house to house, business to business or place to place to sell the same.
PERSON SOLICITED
Any individual whom a hawker, peddler or solicitor approaches for the purpose of attempting to transact his/her activity or business.
SOLICITOR
Any individual engaged in the act of soliciting traveling from house to house, business to business or place to place or positioned on or near public or private street corners, public or private streets or ways, or place of public assembly or congregation, or located in or near the roadway or right-of-way of a roadway for the purpose of:
1. 
Soliciting information, support, assistance, property or financial assistance of any kind;
2. 
Selling or offering for sale any merchandise or service;
3. 
Taking or attempting to take any orders for the sale of any merchandise for future delivery or for services to be furnished or performed then or in the future, whether or not such individual has, carries or exposes for sale a sample of said merchandise or whether or not he/she collects advance payments on such orders or sales; or
4. 
Soliciting support for a person or cause or for determining opinions or sentiments for a commercial purpose.
[Ord. No. 1745 §3 — 4, 12-20-2004]
A. 
Peddling and soliciting of commercial activities without a permit and the solicitation of funds without a permit are prohibited within the City limits of the City of St. Robert and any individual or individuals engaged in such activity, whether individually or on behalf of another individual, principal or entity, shall be deemed to be in violation of the City Code.
B. 
Permit Required For Peddlers And Solicitors Of Commercial Activities And The Solicitation Of Funds. No person shall act as a peddler or as a solicitor within the City without first obtaining a permit in accordance with this Section.
[Ord. No. 1745 §5, 12-20-2004; Ord. No. 1757 §2, 1-10-2005]
A. 
The fee for the issuance of each permit shall be:
1. 
For a peddler acting on behalf of a merchant otherwise licensed to do business within 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 twenty-five dollars ($25.00) per day.
3. 
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.
[Ord. No. 1745 §6, 12-20-2004]
Any person or organization may apply for one (1) or more permit by completing an application form at the office of the Clerk of the City of St. Robert during regular office hours.
[Ord. No. 1745 §7, 12-20-2004]
A. 
The applicant shall provide the following information:
1. 
Name of applicant.
2. 
Number of permits required.
3. 
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 local address of the applicant.
5. 
The permanent and local address of each person for whom a permit is requested.
6. 
A brief description of the proposed activity related to this permit. (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 permit 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 permit 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 permit is requested.
10. 
If a permit 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 permit is requested for a solicitor:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted.
b. 
The web address for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
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. 1745 §§8 — 9, 12-20-2004]
A. 
The permit shall be issued promptly after application but in all cases within eight (8) 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 a misdemeanor involving moral turpitude within the past seven (7) years;
2. 
With respect to a particular permit, the individual for whom a permit is requested has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven (7) years; or
3. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
B. 
Instead of the application procedure above, if an applicant produces permits issued by another City having an ordinance substantially the same as this one, the issuing officer may in his discretion immediately issue permits without the necessity of a formal application or investigation.
[Ord. No. 1745 §10, 12-20-2004]
A. 
If the issuing officer denies the permit to 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 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 option an appeal of the denial of his application before the following tribunal:
1. 
The City Council at its next regular meeting.
2. 
Before the Municipal Court of the City, provided that such a hearing will be scheduled within ten (10) days of the request, due notice of which is to be given to the public and the applicant.
[Ord. No. 1745 §11, 12-20-2004]
If the applicant requests a hearing under Section 630.070, 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. 1745 §12, 12-20-2004]
Each permit shall be made reasonably visible to any person who might be approached by said person.
[Ord. No. 1745 §13, 12-20-2004]
A permit shall be valid within the meaning of this Chapter for a period of thirty (30) days from its date of issuance or the term requested, whichever is less.
[Ord. No. 1745 §14, 12-20-2004]
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 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.
B. 
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 630.070 above.
[Ord. No. 1745 §15, 12-20-2004; Ord. No. 1757 §3, 1-10-2005]
A. 
That individuals engaged in the act of canvassing, peddling or soliciting shall fail or refuse to immediately leave the premises of the person solicited when requested to leave either by the person solicited or by the resident, nor shall such individual enter upon any premises where such activity is prohibited or forbidden by display of a sign or notice to that effect.
B. 
That individuals engaged in the act of canvassing, peddling or soliciting shall adhere to the dress code as defined in the application for permit.
[Ord. No. 1745 §16, 12-20-2004]
A. 
The provisions of this Section shall not apply to the following:
1. 
Individuals invited by a resident of the City to come to such resident's house for the purpose of selling merchandise or services or soliciting orders for the sale of merchandise or services;
2. 
A Federal, State or local government employee or public utility employee in the performance of his/her duty for his/her employer;
3. 
Individuals who peacefully attempt to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate or for the purpose of soliciting or distributing information regarding a particular religion, philosophy, ideology, political party, issue or candidate; and
4. 
Individuals participating in fundraising activities sponsored or endorsed by public schools, youth groups, civil clubs, any branch of the armed services, scouting organizations, the Red Cross or any other bona fide not-for-profit organization.
[Ord. No. 1745 §17, 12-20-2004]
Any individual conducting door-to-door solicitation or peddling is restricted to door-to-door solicitation or peddling between the hours of 9:00 A.M. and 9:00 P.M.
[Ord. No. 1745 §18, 12-20-2004]
Any individual 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 of St. Robert. The penalty for such violation shall be the same as any other trespass.