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; Ord. No. 519-2024, 6-4-2024]
As used in this Chapter, the following terms shall have the
meanings set out herein:
Mobile Merchant means any person who is not eligible for a license under Chapter 605 and that sells or offers merchandise or wares for sale on a temporary basis and shall include special events.
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; Ord. No. 519-2024, 6-4-2024]
A.
It
shall be unlawful for any person to engage in the business of peddler,
solicitor, canvasser, and mobile merchant 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 paying the prescribed
fee for issuance of the same.
B.
Each
business shall file a certificate showing that he/she has Workers'
Compensation insurance if, under the laws of the State, he/she is
required to carry such insurance.
C.
Failure
to comply with any of the requirements of this Section at any time
during the term of the license shall result in immediate forfeiture
of such license.
[CC 1979 §21-18; Ord. No. 88-26 §2, 5-17-1988; Ord. No. 407-2023, 5-2-2023; Ord. No. 519-2024, 6-4-2024]
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, non-profit or eleemosynary institutions who are registered
with and certified by Internal Revenue Service as qualifying non-profit
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;
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;
7.
Persons selling at an event held on premises used primarily as an event center and hosted by the owner of the event center and also licensed and in good standing pursuant to Chapter 605 of this Code;
8.
Those individuals who meet the definition as written in Section 144.030(24),
RSMo.; and
9.
Events that promote a purpose that aligns with the City's mission
for improving community involvement for the betterment of the overall
public and citizens of Neosho, which are approved by the City Council.
[CC 1979 §21-19; Ord. No. 88-26 §2, 5-17-1988; Ord. No. 519-2024, 6-4-2024]
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.
[CC 1979 §21-20; Ord. No. 88-26 §2, 5-17-1988; Ord. No. 519-2024, 6-4-2024]
All licenses shall be signed by the City Collector and shall
be invalid for all purposes until so signed and validated by the City
Collector or his/her agent.
[CC 1979 §21-21; Ord. No. 88-26 §2, 5-17-1988; Ord. No. 519-2024, 6-4-2024]
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.
[1]
Editor's Note: Former Section 615.070, Revocation of License
— Grounds for Revocation and Section 615.080, Notice of Revocation
and Hearing, were superseded 6-4-2024 by Ord. No. 519-2024. Prior
history includes: CC 1979 §§ 21-22 — 21-23; and Ord. No. 88-26.
[CC 1979 §21-24; Ord. No. 88-26 §2, 5-17-1988; Ord. No. 519-2024, 6-4-2024]
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; Ord. No. 519-2024, 6-4-2024]
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; Ord. No. 519-2024, 6-4-2024]
A.
Rate. For the issuance of a license under Chapter 615, for Solicitor, Canvasser or Peddler, the City Collector shall assess and receive a fee of ten dollars ($10.00) plus an additional thirty dollars ($30.00) for background screening, totaling forty dollars ($40.00).
B.
Rate. For the issuance of a license under Chapter 615, for Mobile Merchant, the City Collector shall assess and receive a fee of ten dollars ($10.00).
C.
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; Ord. No. 519-2024, 6-4-2024]
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; Ord. No. 519-2024, 6-4-2024]
Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished according to Section 100.130 of this Code.
