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.
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]
A.
The
following persons are excluded from the application of the provisions
of this Chapter:
1.
Persons engaged in selling personal property at wholesale to dealers
in such property;
2.
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;
3.
Persons selling daily or weekly newspapers or selling advertisements
for daily or weekly newspaper, or persons selling advertising for
radio or television stations;
4.
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;
5.
Organizations formed within schools and churches serving Neosho,
Missouri, who solicit or sell items for purposes incidental to such
school or church; and
6.
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]
A.
The
application shall provide the following information:
1.
Full name, description, birth date, and social security number of
each individual applicant.
2.
Address, both legal and local.
3.
Telephone number of individual, both residential and business.
4.
Driver's license number and issuing State.
5.
Sales tax number.
6.
Nature of business and kinds of goods or services to be sold.
7.
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.
8.
Length of time for which right to do business is requested.
9.
Description and license number or other identification of any vehicle
to be used.
10.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
A.
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:
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 a peddler. solicitor or canvasser.
3.
Any violation of this Chapter.
4.
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]
A.
Rate. For the issuance of a license the City Collector shall
assess and receive a fee based on gross sales as follows:
|
|
Fee
| |
|---|---|---|
|
|
From $0.00 to $50,000.00 gross sales
|
$10.00
|
|
|
Over $50,000.00 to $100,000.00 gross sales
|
$15.00
|
|
|
Over $100,000.00 to $500,000.00 gross sales
|
$20.00
|
|
|
Over $500,000.00 gross sales
|
$25.00
|
B.
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.
