[R.O. 1996 § 635.010; Code 1985,
§ 56.010; CC 1990 § 12-216]
A.
This Chapter is designed to:
1.
Prevent undue annoyance of City residents
by peddlers and solicitors.
2.
Maximize the first amendment rights
of peddlers and solicitors, as well as the right of City residents
to be secure in their homes.
3.
Reduce the opportunity for crime
within the City.
4.
Attempt to provide some assurance
to residents of the City that peddlers and solicitors are not burglars
and criminals in disguise.
5.
Attempt to increase the physical
safety of peddlers and solicitors who go from place to place within
the City.
[R.O. 1996 § 635.020; 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.
[R.O. 1996 § 635.030; 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.
[R.O. 1996 § 635.040; 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 nonetheless 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
any political party is not a charitable gift.
[R.O. 1996 § 635.050; Code 1985,
§ 56.085; CC 1990 § 12-220; Ord.
No. 2420, 9-25-2017]
A.
No person having a solicitor's or peddler's
card shall:
1.
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.
2.
Make an uninvited entry into a resident's
home.
3.
Refuse to discontinue his/her message
when requested by a hearer to do so, when on private property occupied
by the hearer.
4.
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.
[R.O. 1996 § 635.060; 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.
[R.O. 1996 § 635.070; Code 1985
§ 56.095; CC 1990 § 12-222; Ord.
No. 1929, 11-26-2007; Ord. No. 1945, 1-28-2008]
A.
No person shall solicit or peddle within
the corporate limits of this City except within the time limits prescribed
in this Section:
1.
From 10:00 A.M. until 8:00 P.M.,
Monday through Sunday.
3.
Notwithstanding Subsection(A)(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:
[R.O. 1996 § 635.080; 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.
[R.O. 1996 § 635.090; Code 1985,
§ 56.025; CC 1990 § 12-241; Ord.
No. 2420, 9-25-2017]
A.
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 an ordinance
violation.
B.
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.
[R.O. 1996 § 635.100; 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.
[R.O. 1996 § 635.110; Code 1985,
§ 56.040; CC 1990 § 12-243; Ord.
No. 1929, 11-26-2007; Ord. No. 1945, 1-28-2008]
A.
The applicant for a card under this Chapter
shall provide the following information:
1.
Name of applicant.
2.
The number of identification cards
required.
3.
A statement as to the type of cards
requested.
4.
If one (1) or more solicitors' cards are requested, information required to overcome the presumption of Section 635.040.
5.
If one (1) or more peddlers' cards are requested, the fee for each card as provided in Section 635.130.
6.
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.
7.
The permanent and (if any) local
address of the applicant.
8.
The permanent and (if any) local
address of each person for whom a card is requested.
9.
A brief description of the proposed
activity subject to this identification card requirement.
10.
A statement as to whether or not
the applicant has been convicted of any crime or offense and, if so,
the nature of the offense and the penalty imposed.
11.
A statement as to each person for
whom a card is requested as to whether that individual has been convicted
of any crime or offense and, if so, the nature of the offense and
the penalty imposed.
12.
The motor vehicle make, model, year,
color and registration number of any vehicle which shall be used in
the proposed activity.
13.
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.
14.
Name and address of person to receive
donations or profits.
15.
Any other information the applicant
wishes to provide.
[R.O. 1996 § 635.120; 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.
[R.O. 1996 § 635.130; 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]
A.
Any person desiring a peddler's license
[which includes one (1) ID card] shall pay a fee in the amount set
forth in the comprehensive fee schedule.
B.
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.
[R.O. 1996 § 635.140; Code 1985,
§ 56.045; CC 1990 § 12-246; Ord.
No. 2420, 9-25-2017]
A.
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:
1.
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].
2.
The required fee has not been paid.
3.
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.
4.
If any statement upon the application
is false, unless the applicant can demonstrate that the falsehood
was the result of excusable neglect.
5.
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.
6.
If the applicant, or if the particular
individual for whom an identification card is requested, has had a
previous identification card revoked.
7.
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.
[R.O. 1996 § 635.150; 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.
[R.O. 1996 § 635.160; 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.
[R.O. 1996 § 635.170; Code 1985,
§ 56.065; CC 1990 § 12-249]
If the applicant for a card under this Chapter requests a hearing under Section 635.160, 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.
[R.O. 1996 § 635.180; 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.
[R.O. 1996 § 635.190; Code 1985,
§ 56.080; CC 1990 § 12-251; Ord.
No. 2420, 9-25-2017]
A.
Any identification card granted under this
Chapter may be revoked by the Chief of Police after the finding of:
1.
Any violation of this Chapter by
the applicant or 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 a felony.
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.
[R.O. 1996 § 635.200; 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.
