[R.O. 2006 §610.010; Ord. No. 1446 §I, 10-19-2004; Ord. No. 1561 §I, 11-15-2005]
It shall be unlawful for any person to engage in the business of peddler as defined in Section 610.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein. Peddlers' permits are issued for a period not to exceed one (1) year.
[R.O. 2006 §610.020; Ord. No. 1446 §I, 10-19-2004; Ord. No. 1562 §I, 11-15-2005]
A.
The word "peddler", as used herein, is a person who attempts to make
personal contact with a resident at his/her residence or business
with or without prior specific invitation or appointment for the primary
purpose of selling or attempting to sell or delivering a previously
sold good or service. This contact would result in an agreement or
order for which payment would occur at the time of the visit or arrangements
for payment at a later date. The good or service could be delivered
at a later date. A "peddler" does not include a person
who distributes handbills or flyers for a commercial purpose advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or business. Such
a person is a "solicitor".
B.
The word "solicitor", as used herein, is a person who attempts to
make personal contact with a resident at his/her residence or business
without prior specific invitation or appointment for the primary purpose
of:
1.
Attempting
to obtain a donation to a particular patriotic, social service, welfare,
benevolent, educational, civic, fraternal, charitable, political or
religious purpose, or
2.
Distributing
a handbill, flyer or other advertising material for a commercial event,
goods or service for which an order or agreement for purchase would
not be made nor payment received at the time of the visit. No permit
or fee is required for "solicitors".
[R.O. 2006 §610.030; Ord. No. 1446 §I, 10-19-2004; Ord. No. 1861 §I, 6-23-2009]
A.
Applicants
for permits under this Chapter must file with the Finance Officer
or his/her designee a completed application form which shall include,
but not be limited to, the following information:
1.
Name
of applicant and all individuals who will be peddling in the City.
2.
Home
address of individual (local and permanent).
3.
A brief
description of the nature of the business and the goods to be sold
and in the case of products of farm or orchard, whether produced or
grown by the applicant.
4.
If employed,
the name and address of the employer, together with credentials establishing
the exact relationship.
5.
Social
security and driver's license numbers for all listed individuals.
6.
The
length of time for which the right to do business is desired.
7.
If a
vehicle is to be used, a description of the same, together with credentials
establishing the license number or other means of identification.
8.
A copy
of a valid Missouri sales tax license number or copy of application.
9.
A statement
as to whether or not the applicant has been convicted of any crime
within the last ten (10) years and, if so, the nature of the offense
and the penalty imposed.
[Ord. No. 1861 §II, 6-23-2009]
A.
The permit
shall be issued promptly after application but in all cases within
twenty-four (24) business hours of completion of an application, unless
it is determined within that time that:
[Ord. No. 1950 §I, 2-15-2011]
No person shall act as a peddler within the City without first
obtaining an identification card in accordance with this Chapter.
A solicitor or canvasser is not required to have an identification
card but any solicitor or canvasser wanting an identification card
for the purpose of reassuring City residents of the solicitor's or
canvasser's good faith can be issued one by the City upon request.
[R.O. 2006 §610.040; Ord. No. 1446 §I, 10-19-2004]
No permit issued under this Chapter shall be transferable or
assignable.
[R.O. 2006 §610.050; Ord. No. 1446 §I, 10-19-2004]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[R.O. 2006 §610.060; Ord. No. 1446 §I, 10-19-2004]
No peddler, nor any person in his/her behalf, shall shout, make
any outcry, blow a horn, ring a bell or use any sound device, including
any loud speaking radio or sound amplifying system, upon any of the
streets, alleys, parks or other public places of said City or upon
any private premises in the said City where sound of sufficient volume
is emitted or produced to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
[R.O. 2006 §610.070; Ord. No. 1446 §I, 10-19-2004]
Peddlers are required to exhibit their licenses at the request
of any citizen or Law Enforcement Officer.
[R.O. 2006 §610.080; Ord. No. 1446 §I, 10-19-2004]
A.
Permits
and licenses issued under the provisions of this Chapter may be revoked
by the Mayor of this City after notice and hearing for any of the
following causes:
1.
Fraud,
misrepresentation or false statement contained in the application
for license.
2.
Fraud,
misrepresentation or false statement made in the course of carrying
on his/her business as peddler.
3.
Any
violation of this Chapter.
4.
Conviction
of any crime or misdemeanor involving moral turpitude.
5.
Conducting
the business of peddling in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
[R.O. 2006 §610.090; Ord. No. 1446 §I, 10-19-2004]
Notice of the hearing for revocation of a license shall be given
in writing setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed, postage
paid to the permittee at his/her permanent address (as shown on his/her
application) at least five (5) days prior to the date set for hearing.
[R.O. 2006 §610.100; Ord. No. 1446 §I, 10-19-2004]
Any person aggrieved by the action of the City Clerk or other official in the denial of an application for a permit as provided in Section 610.030, or in the decision with reference to the revocation of a license as provided in Section 610.080, shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Aldermen shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 610.090.
[R.O. 2006 §610.110; Ord. No. 1446 §I, 10-19-2004]
A.
Any provision
in this Chapter to the contrary notwithstanding, it shall be unlawful
for any person to:
1.
Solicit
or request gifts or donations or engage in the business of peddler
or solicitor in or on any street or intersection in the City.
2.
Enter
upon any private property where the property has clearly posted in
the front yard a sign visible from the right-of-way (public or private)
indicating a prohibition against peddling, soliciting and/or canvassing.
Such sign need not exceed one (1) square foot in size and may contain
words such as "no soliciting" or "no solicitors" in letters of a least
two (2) inches in height. (The phrase "no soliciting" or "no solicitors"
shall also prohibit peddlers and canvassers.)
3.
Remain
upon any private property where a notice in the form of a sign or
sticker is placed upon any door or entrance way leading into the residence
or dwelling at which guests would normally enter, which sign contains
the words "no soliciting" or "no solicitors" and which is clearly
visible to the peddler, solicitor or canvasser.
4.
Use
or attempt to use any entrance other than the front or main entrance
to the dwelling or step from the sidewalk or indicated walkway (where
one exists) leading from the right-of-way to the front or main entrance,
except by express invitation of the resident or occupant of the property.
5.
Remove
any yard sign, door or entrance sign that gives notice to such person
that the resident or occupant does not invite visitors.
6.
Enter
upon the property of another except between the hours of 9:00 A.M.
and 8:00 P.M.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvasser has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
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