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.