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City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[Ord. No. 2014, 11-22-2021[1]]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
MERCHANDISE
Any article or thing sold at any regularly established store or place of business in the City of Marshfield, including, among other things, apples, pears, oranges, lemons, grapefruit, bananas, fruit of any other kind, vegetable of any kind, nuts of any kind, meat, and poultry.
PEDDLER
Any person or persons who sells, or offers for sale, at wholesale or retail, anything or article of merchandise for immediate delivery upon sale and who has no established place of business on private property within the City of Marshfield for which a merchant's license is required, but displays and sells, or offers for sale, upon the public streets, highways, alleys or sidewalks of the City of Marshfield the thing or article of merchandise which is being peddled.
SOLICITOR, CANVASSER or ORDER TAKER
Any person going from house to house or place to place soliciting or taking orders for future sale and delivery, from within or outside the city, of any merchandise whatever or any service of any kind, except the sale of personal property at wholesale to retail dealers.
[1]
Editor's Note: Former Chapter 610, containing Sections 610.010 through 610.080, which derived from R.O. 2014 §§610.010 — 610.080; ; Ord. No. 38, 12-8-1953; Ord. No. 1594 §1, 8-22-2013, was repealed 11-22-2021 by Ord. No. 2014. Said ordinance also set an effective date for the 2022 license year.
[Ord. No. 2014, 11-22-2021]
A. 
No person shall peddle or operate as a peddler, solicit, canvass or order take in the City of Marshfield without first obtaining a permit from the City Clerk for which there shall be paid to said City Collector for the use of said City the sum of twenty-five dollars ($25.00) for each supervisor and ten dollars ($10.00) for each solicitor, per calendar year.
B. 
Each peddler, solicitor, canvasser, or order taker shall secure a personal license, but no license shall be required of a bona fide employee of a licensee if such employee does not solicit sales but is engaged in assisting the licensee in making deliveries.
[Ord. No. 2014, 11-22-2021]
No permit issued hereunder shall be assigned or transferred.
[Ord. No. 2014, 11-22-2021]
The fee provided for in Section 610.030 shall not apply to any farmer, or producers, for the sale of produce raised by him, her, or them, when sold from his, her or their trailer, stand, or vehicle, or from any person or persons in the employ of such farmer or producer.
[Ord. No. 2014, 11-22-2021]
A. 
Applicants for a license under this article shall file with the City Clerk a sworn application, in writing, on a form to be furnished by the City Clerk which shall give the following information:
1. 
Name (including alias names), date of birth, social security number and physical description of the applicant; this includes all persons employed by the applicant that will be doing peddling/soliciting and/or door-to-door sales.
2. 
Complete permanent home and local address of the applicant;
3. 
A brief description of the nature of the business and the goods to be sold;
4. 
If employed, the name and address of the employer together with credentials from the employer establishing the exact relationship;
5. 
The length of time for which the right to do business is desired;
6. 
The source of supply of the goods or property to be sold or orders taken for the sale thereof, where such goods or products are located at the time the application is filed and the proposed method of delivery;
7. 
A current State issued identification with photograph of the applicant which must be worn and visible at all times;
8. 
A statement from the Marshfield Police Department as to whether the applicant has any wants or warrants; (There may be a two-week waiting period from the submission date of the application to the Police Department to allow for a criminal record check to be completed by the Marshfield Police Department);
9. 
A statement that the applicant agrees to honor all no-peddler and no-soliciting signs; agrees to promptly leave any private premises upon the request of any occupant thereof; agrees that peddling, soliciting, canvassing or order taking will be conducted only during the hours of 10:00 a.m. to 6:00 p.m., Monday through Friday and between the hours of 12:00 noon through 6:00 p.m. Saturday; No solicitation is allowed on Sundays. Applicant further agrees that any violation of this Subsection will be grounds for immediate revocation of the license.
[1]
State Law Reference — Application for license of peddler or itinerant vendor, Sections 150.400 and 150.490, RSMo.
[Ord. No. 2014, 11-22-2021]
No licensee whose license has been revoked under this Chapter shall make further application for a license within one (1) year after the revocation.
[Ord. No. 2014, 11-22-2021]
No license required under this Chapter shall be used at any time by any person other than the one to whom it is issued.
[Ord. No. 2014, 11-22-2021]
A. 
All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
B. 
Failure to apply for any license required by this Chapter or before the date prescribed, will result in an additional fee of five percent (5%) of the amount of such tax for the first thirty (30) days, and an additional five percent (5%) for each additional month or fraction thereof, not to exceed twenty-five percent (25%) in the aggregate.
C. 
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.