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City of Breckenridge Hills, MO
St. Louis County
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Table of Contents
Table of Contents
It is the policy of the City to regulate the activities of solicitors and itinerant merchants (also known as peddlers, hawkers, and transient vendors), in such a way as to be fully apprised of such activities and to protect the right of residents and other persons within the City to peaceful enjoyment of privacy and freedom from harassment. No restraint of trade and no detriment to beneficial causes is intended by this policy, other than as necessary and appropriate to ensure the convenience and domestic tranquility of such residents and persons.
This Chapter shall apply to all solicitors and itinerant merchants and to their agents and employees, regardless of the purpose or motive of their activities, whether for profit or for religious, charitable or educational purposes, except it shall not apply to any persons seeking to collect legitimate amounts due nor to any government agency or official thereof in the pursuit of official duties. This Chapter shall also not apply to members or designated representatives of the press engaged in traditional non-commercial press functions or to persons or organizations specifically exempted from this Chapter by virtue of Federal legislation or pre-emptive legislation passed by the State.
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:
CHARITABLE
Shall include but is not exclusive of the words philanthropic, benevolent, eleemosynary, patriotic, social services or welfare, either actual or purported.
CHARITABLE ORGANIZATION
Any not-for-profit group registered with the Missouri Secretary of State's office as defined in Section 352.020, RSMo., as amended.
CONTRIBUTIONS
Includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property.
EDUCATIONAL INSTITUTION
A school, college or other institution which has a defined curriculum, student body and faculty, and which conducts classes on a regular basis.
GRATUITOUS DISTRIBUTION
General distribution within the City of printed or duplicated material, merchandise or samples in the absence of requests or invitations on the part of the recipients. Mere acceptance by recipients does not by itself alter the character of gratuitous distribution. This definition does not apply to distributions effected through the United States mails nor to distribution effected at places other than private residences.
ITINERANT MERCHANT (ALSO KNOWN AS PEDDLERS, HAWKERS OR TRANSIENT VENDORS)
Any person, whether as owner, agent, consignee or employee, who engages in a temporary business for any period of time and who for the purpose of conducting such business, occupies or uses any parcel of land, building, tent, room, apartment, shop, store, structure, or sells his/her goods door-to-door or uses a vehicle parked on premises where said person does not have the exclusive right of possession under ownership, lease or rental agreement, or any other non-permanent location or other place within the City for the purpose of offering to purchase or sell such goods, wares, and merchandise, either privately, publicly or at public auction.
EXCLUSIONS
The aforesaid definition shall not apply to:
1. 
The mere transportation of goods, wares, and merchandise and chattels of every description.
2. 
Persons using motor vehicles for the transportation of goods, wares and merchandise for delivery to an established list of customers or clientele, or to an established place of business.
3. 
Salespersons or agents for wholesale houses or firms who solicit orders from, or sell to retail dealers in the City for resale or other commercial purposes, or to manufacturers for manufacturing or other commercial purposes.
4. 
Persons conducting judicial or other sales under legal proceedings.
5. 
Participants in trade shows, or art and craft shows and fairs of no less than ten (10) individual participants, so long as the sponsor has obtained a special events permit, as provided within this Code.
RELIGIOUS ORGANIZATION
Any church, congregation, society, or organization founded for the purpose of religious worship or observance.
RESIDENCE
Every separate living unit occupied for residential purposes by one (1) or more persons and contained within any type of building or structure.
SOLICITING
Any one (1) or more of the following activities: Seeking to obtain orders for purchase of goods, wares, merchandise, foodstuffs or services of any kind or description whatsoever; seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. The request directly or indirectly of money, credit, property, financial assistance, or other thing of value on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable, educational or religious purpose as those purposes are defined in this Section. Solicitation shall be deemed to have taken place when the request is made, whether or not the person making same receives any contribution referred to in this Chapter. Soliciting shall not include requests made by the following methods:
1. 
Any oral or written request received via telephone or the United States mail.
2. 
The making of any announcement to the local press or by telephone concerning a local appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith.
3. 
The distribution, circulation, posting or publishing of any handbill, written advertisement, or other local publication or the gratuitous distribution of material.