[Code 1985, §56.010; CC 1990 §12-216]
This Chapter is designed to:
Prevent undue annoyance of City residents by peddlers and solicitors.
Maximize the first amendment rights of peddlers and solicitors, as well as the right of City residents to be secure in their homes.
Reduce the opportunity for crime within the City.
Attempt to provide some assurance to residents of the City that peddlers and solicitors are not burglars and criminals in disguise.
Attempt to increase the physical safety of peddlers and solicitors who go from place to place within the City.
[Code 1985, §56.015; CC 1990 §12-217]
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:
- One who, for profit to himself/herself or his/her principal, sells any good or service, or seeks a donation for any cause of a profit-making or commercial character.
- One who solicits for a charitable, political or religious purpose, even if incidental for such purpose there is the sale of some good or service.
[Code 1985, §56.015; CC 1990 §12-218]
For the purpose of this Chapter there shall be no difference to the rights, privileges and duties required of peddlers and solicitors, except that peddlers shall be required to pay a fee for the identification card required by this Chapter.
[Code 1985, §56.020; CC 1990 §12-219]
It shall be presumed that an individual is a peddler rather than a solicitor. This presumption may be overcome by a showing that donations to the organization for which one wishes to solicit is exempt from Federal income taxation under Section 503 of the Internal Revenue Code. This may be shown by a copy of a Missouri sales tax exemption letter or Internal Revenue Service ruling, or by affidavit from an officer of such organization. Some organizations can be organizations which are not both "tax exempt" in the sense that if you make a donation to it you cannot take it off your taxes, but these organizations may none-the-less have a political purpose. These organizations are entitled to solicit for funds even though persons giving the money may not take the donation off of their taxes as a "charitable gift." For example, a contribution or donation to the Democratic party is not a charitable gift.
[Code 1985, §56.085; CC 1990 §12-220; Ord. No. 2420, 9-25-2017]
No person having a solicitor's or peddler's card shall:
Enter or remain on private property where he/she has reason to believe that the residents thereof have indicated the solicitor or peddler is not welcome either by placing the residence on the "no call" list with the City of Grain Valley or otherwise.
Make an uninvited entry into a resident's home.
Refuse to discontinue his/her message when requested by a hearer to do so, when on private property occupied by the hearer.
Enter upon any private property, knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor or peddler, either by a posted sign indicating "No Solicitation," "No Solicitors," "No Peddlers," or other similar language expressing the unwillingness of occupants at the property to accept peddler or solicitors, or otherwise.
[Code 1985 §56.090; CC 1990 §12-221]
Any resident of the City may list his/her property with the City Clerk, and direct that his/her property is not to be entered by any solicitor or peddler. This list shall be available for public inspection. Upon the issuance of any solicitor or peddler's license, a copy of the list shall be provided with each card. No card holder may enter the private property nor contact any person so listed. Such listing shall continue indefinitely, unless a listee requests removal, at which time the listing shall be removed.
[Code 1985 §56.095; CC 1990 §12-222; Ord. No. 1929, 11-26-2007; Ord. No. 1945, 1-28-2008]
No person shall solicit or peddle within the corporate limits of this City except within the time limits prescribed in this Section:
From 10:00 A.M. until 8:00 P.M., Monday through Sunday.
Notwithstanding Subsections (1) and (2) of this Section, a person may peddle or solicit outside the time limits of this Section, if he/she has reason to believe that the person within the dwelling or place where he/she desires to solicit or peddle is awake and would be receptive to such solicitation or peddling. Reasonable cause shall include, but not be limited to, the following:
[Code 1985 §56.105; CC 1990 §12-223]
Whenever, in this Chapter, or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or any offense or misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Chapter or of any ordinance, rule, regulation, notice or order, the violator shall be punished as provided in Section 100.110 of this Code; provided that, in any case wherein the penalty for an offense is fixed by a Statute of the State the statutory penalty, and no other, shall be imposed for such offense.
[Code 1985, §56.025; CC 1990 §12-241; Ord. No. 2420, 9-25-2017]
No person shall engage in any act as a peddler or solicitor without first obtaining an identification card in accordance with the provisions of this Chapter. Any person who does so without an identification card shall be guilty of a misdemeanor.
The identification cards for peddlers and solicitors required by this Section are in addition to and not in lieu of any business license such persons may be required to obtain under the provisions of this Code.
[Code 1985, §56.035; CC 1990 §12-242]
Any person or organization (formal or informal) may apply for one (1) or more identification cards required by this Chapter by completing an application form at the office of the City Clerk in the City Hall.
[Code 1985, §56.040; CC 1990 §12-243; Ord. No. 1929, 11-26-2007; Ord. No. 1945, 1-28-2008]
The applicant for a card under this Chapter shall provide the following information:
Name of applicant.
The number of identification cards required.
A statement as to the type of cards requested.
If one (1) or more solicitors' cards are requested, information required to overcome the presumption of Section 635.040.
If one (1) or more peddlers' cards are requested, the fee for each card as provided in Section 635.130.
Applicant must exhibit a valid driver's license or similar identification for each person for whom a card is requested, and a photocopy of such identification shall be attached to such application. If solicitors are minors (under seventeen (17) years old), they must be accompanied by an adult with valid State ID.
The permanent and (if any) local address of the applicant.
The permanent and (if any) local address of each person for whom a card is requested.
A brief description of the proposed activity subject to this identification card requirement.
A statement as to whether or not the applicant has been convicted of any crime and, if so, the nature of the offense and the penalty imposed.
A statement as to each person for whom a card is requested as to whether that individual has been convicted of any crime and, if so, the nature of the offense and the penalty imposed.
The motor vehicle make, model, year, color and registration number of any vehicle which shall be used in the proposed activity.
The permanent name and address of the organization or person, with respect to a solicitor's card, who can provide a prospective donor with more information about the charity for which funds are solicited, and from whom information can be obtained as to the disposition of all funds collected or, with respect to a peddler's card, of the individual organization to whom complaints can be made for defective merchandise, who is responsible for any breach of warranty and from whom additional merchandise can be ordered.
Name and address of person to receive donations or profits.
Any other information the applicant wishes to provide.
[Code 1985, §56.050; CC 1990 §12-244]
During the period of time following the application under this Chapter for issuance of one (1) or more identification cards and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification as hereinabove stated. The Chief of Police shall cooperate with the applicant; shall inform the applicant of the progress of his/her investigation; and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time.
[Code 1985, §56.030; CC 1990 §12-245; Ord. No. 1929, 11-26-2007; Ord. No. 1945, 1-28-2008; Ord. No. 2399, 11-28-2016; Ord. No. 2420, 9-25-2017]
Any person desiring a peddler's license (which includes one (1) ID card) shall pay a fee in the amount set forth in the City's Schedule of Fees and Charges.
There shall be no fee for a solicitor's identification card or peddler if acting on behalf of a merchant otherwise licensed to do business within the City limits.
[Code 1985, §56.045; CC 1990 §12-246; Ord. No. 2420, 9-25-2017]
Three (3) working days after the application for a card under this Chapter, or sooner if reasonably possible, the requested identification cards shall be issued, unless:
The application is incomplete (in which case the City Clerk will reject the application at the time of its tender or within thirty (30) minutes thereafter).
The required fee has not been paid.
The applicant has been convicted of a felony, if, considering the nature of the crime in relation to the activity permitted by the card, the date of the conviction, the conduct of the applicant since the date of the conviction and other evidence as to the applicant's character, the Chief of Police concludes the applicant is not of good moral character.
If any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
With respect to a particular card, if the individual for whom a card is requested has been convicted of a felony, if, considering the nature of the crime in relation to the activity permitted by the card, the date of the conviction, the conduct of the applicant since the date of the conviction and other evidence as to the applicant's character, the Chief of Police concludes the applicant is not of good moral character.
If the applicant, or if the particular individual for whom an identification card is requested, has had a previous identification card revoked.
If the applicant, or if a particular individual for whom an identification card is requested, has made any false statement relating to the peddling of merchandise or the solicitation of persons under the ordinance of any other municipality.
[Code 1985, §56.055; CC 1990 §12-247]
If the City Clerk denies the identification card to one or more persons, he/she shall prepare promptly (and in no event later than two (2) working days after the denial) a written report of the reason for his/her denial which shall be immediately made available to the applicant. The applicant shall be entitled to correct in writing any deficiencies so noted in the report, which corrections or changes when filed shall be treated as a new application.
[Code 1985, §56.060; CC 1990 §12-248; Ord. No. 2420, 9-25-2017]
If an identification card is denied or revoked, the applicant may, within ten (10) days of the denial or revocation, make written application to the City Clerk for a hearing before the Board of Aldermen. In such cases, the hearing shall be held at the next regular meeting of the Board of Aldermen. Applicant shall not be allowed to continue solicitation or peddling until the appeal is resolved by the Board of Aldermen.
[Code 1985, §56.065; CC 1990 §12-249]
If the applicant for a card under this Chapter requests a hearing under Subsections 635.160 (1) and (2) the hearing shall be held in accordance with the Administrative Procedure Act of the State, and review from the decision shall be had to the Circuit Court of the County, on the record. Should the applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment action against the City.
[Code 1985, §56.070; CC 1990 §12-250]
Each identification card issued under this Chapter shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the peddler or solicitor, so as to be reasonably visible to any person who might be approached by such peddler or solicitor.
[Code 1985, §56.080; CC 1990 §12-251; Ord. No. 2420, 9-25-2017]
Any identification card granted under this Chapter may be revoked by the Chief of Police after the finding of:
Any violation of this Chapter by the applicant or the person for whom the particular card was issued.
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
Conviction of a felony.
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.
[Code 1985, §56.075; CC 1990 §12-252; Ord. No. 2420, 9-25-2017]
An identification card issued under this Chapter shall be valid within the meaning of this Chapter for a period of one hundred twenty (120) days from its date of issuance. Thereafter it shall expire. An applicant with an expired identification card shall be considered as having no identification card whatsoever and will be required to apply for a new card if he/she intends to peddle or solicit within the City.