Charter Reference — Authority to license and regulate businesses and occupations §7.01.
Cross Reference — Licenses and business regulations, ch. 605.
[CC 1979 §21-16; Ord. No. 88-26 §2, 5-17-1988]
As used in this Chapter, the following terms shall have the meanings set out herein:
- Includes any person whether a resident of the City of Neosho or not who travels from place to place, from house to house, or from street to street carrying, conveying or transporting goods, wares, or merchandise of any nature, offering or exposing the same for sale or soliciting the sale of goods, wares, or merchandise from any vehicle, truck, trailer or other mobile unit in the City or anyone who offers for sale merchandise or solicits business by means of a telephone from within the City.
- Includes the singular and plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other organization.
- SOLICITOR AND CANVASSER
- A person who travels from place to place taking or attempting to take orders for the sale of goods, wares and merchandise or property of any nature for future delivery or for services to be furnished or performed in the future.
[CC 1979 §21-17; Ord. No. 88-26 §2, 5-17-1988]
It shall be unlawful for any person to engage in the business of peddler, solicitor or canvasser as defined in this Chapter within the corporate limits of the City of Neosho without first obtaining a permit and license as provided herein and without paving the prescribed fee for issuance of the same.
[CC 1979 §21-18; Ord. No. 88-26 §2, 5-17-1988]
The following persons are excluded from the application of the provisions of this Chapter:
Persons engaged in selling personal property at wholesale to dealers in such property;
Merchants having regular places of business in the City and their employees in taking orders at the houses of their customers for goods, wares and merchandise held in stock at such places of business and in delivering the goods so ordered. Such exclusion shall not apply to a person who for himself/herself or another person, firm or corporation hires, leases, uses or occupies a building, structure or shelter or any other place for the purpose of exhibiting samples and taking orders for present or future delivery;
Persons selling daily or weekly newspapers or selling advertisements for daily or weekly newspaper, or persons selling advertising for radio or television stations;
Charitable, nonprofit or eleemosynary institutions who are registered with and certified by Internal Revenue Service as qualifying nonprofit corporations and their agents, servants and representatives who solicit funds or sell items without actual or anticipated profit unless all proceeds of such sales over the cost of the items sold are dedicated to the purposes for which the organization is formed;
Organizations formed within schools and churches serving Neosho, Missouri, who solicit or sell items for purposes incidental to such school or church; and
Special events sponsored by local trade groups or civic organizations; including but not limited to fall festival, sidewalk sale and Christmas parade, which are approved by the City Council.
[CC 1979 §21-19; Ord. No. 88-26 §2, 5-17-1988]
An applicant for a permit or license hereunder shall file with the City Collector in duplicate a sworn application in writing, on a form to be furnished by the City Collector, setting forth the information required by this Chapter. Any applicant shall pay a thirty dollar ($30.00) non-refundable application fee when submitting the completed application to the City Collector.
[CC 1979 §21-20; Ord. No. 88-26 §2, 5-17-1988]
The application shall provide the following information:
Full name, description, birth date, and social security number of each individual applicant.
Address, both legal and local.
Telephone number of individual, both residential and business.
Driver's license number and issuing State.
Sales tax number.
Nature of business and kinds of goods or services to be sold.
If employed by another, the name and address of the applicant's employer, together with a brief description of the credentials showing the exact relationship.
Length of time for which right to do business is requested.
Description and license number or other identification of any vehicle to be used.
Whether or not the applicant has held a peddler's license before in Missouri.
[CC 1979 §21-21; Ord. No. 88-26 §2, 5-17-1988]
Police Report. Upon receipt of an application for permit or license the City Collector shall refer one (1) copy to the Chief of Police, who shall note thereon any record concerning the applicant which may appear from the official records in his/her charge and return the same promptly to the City Collector.
City Collector's Inquiry. The City Collector shall cause such other investigation or inquiry to be made concerning the applicant or applicant's employer as he/she may deem necessary to determine the character and business responsibility of the applicant and whether his/her application is in compliance with the terms and conditions of this Chapter. The City Collector shall also check to see if the applicant has paid any license fee from previous years.
Issuance of Permit or License. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory and the application is in compliance with the terms and conditions of this Chapter, the City Collector shall issue the permit or license.
Disapproval. If, as a result of the investigation provided for in this Section, the applicant's character or business responsibility or that of his/her employer are found to be unsatisfactory or the facts stated in such application are found to be untrue, the Chief of Police or City Collector shall endorse on such application his/her disapproval thereof and the reasons for the same and the City Collector shall then notify the applicant that his/her application has been disapproved and that no license will be issued.
Appeal. Any applicant aggrieved by the action of the Chief of Police or the City Collector in the denial of a permit or license as provided herein shall have the right to appeal therefrom to the City Council of the City of Neosho. Such appeal shall be filed in writing with the City Council within fourteen (14) days after notice of the action complained of has been given to the applicant personally or mailed, postage prepaid, to the address stated in his/her application. The City Council shall set a time and place for a hearing on such appeal, notice of which shall be given to the applicant at least five (5) days prior to the date set for hearing. The decision and order of the City Council on such appeal shall be final and conclusive.
[CC 1979 §21-22; Ord. No. 88-26 §2, 5-17-1988]
Permits and licenses issued under the provisions of this Chapter may be revoked by the City Collector after notice has been served on the applicant for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud misrepresentation or false statement made in the course of carrying on his/her business as a peddler. solicitor or canvasser.
Any violation of this Chapter.
Conviction of any felony or other crime involving dishonesty.
[CC 1979 §21-23; Ord. No. 88-26 §2, 5-17-1988]
Notice of the revocation of a license shall be in writing, setting forth with particularity the grounds of complaint. Upon receipt of a complaint, the City Collector shall forthwith revoke the license so issued and shall contemporaneously therewith set a time and place for hearing. The hearing shall be conducted by the City Collector, at which hearing evidence may be presented by the complainant and the licensee or permittee. After receiving and considering such evidence the City Collector shall reinstate the license or shall permanently revoke the same. The hearing before the City Collector must be conducted within five (5) days from the date of the receipt of the complaint. Any person aggrieved by a decision of the City Collector shall have the right to appeal to the City Council of the City of Neosho as set forth in Section 615.060(E) above.
[CC 1979 §21-24; Ord. No. 88-26 §2, 5-17-1988]
No license or permit issued under the provisions of this Chapter shall be used or worn at any time by any person other than the one to whom it was issued. Violation of this Section shall constitute a misdemeanor.
[CC 1979 §21-25; Ord. No. 88-26 §2, 5-17-1988]
No peddler, canvasser or solicitor shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location nor shall any be permitted to operate in a congested area where operations might impede or inconvenience the public.
[CC 1979 §21-26; Ord. No. 88-26 §2, 5-17-1988]
Rate. For the issuance of a license the City Collector shall assess and receive a fee based on gross sales as follows:
Exemption. A license but no fee shall be required of one selling products of the farm or orchard actually produced by the seller on land owned or leased by the seller located within the State, nor shall any license be required of one selling firewood.
[CC 1979 §21-27; Ord. No. 88-26 §2, 5-17-1988]
All licenses issued under the provisions of this Chapter shall expire on the date specified on the license.
[CC 1979 §21-28; Ord. No. 88-26 §2, 5-17-1988]
Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished according to Section 100.130 of this Code.