[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:
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.