City of Ozark, MO
Christian County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 11-025 §1, adopted August 22, 2011, repealed ch. 615 and enacted new provisions set out herein. Former ch. 615 derived from R.O. 2006 §§615.010 — 615.120; CC 1992 §§615.030 — 615.060, 615.080 — 615.120; CC 1974 §§52.030 — 52.060, 52.090 — 52.130; ord. no. 05-017 §§1 — 3, 3-7-2005.
[Ord. No. 11-025 §1, 8-22-2011; Ord. No. 11-027 §1, 8-23-2011]
When used in this Chapter, the following words shall have the following meanings:
CHARITABLE SOLICITORS
A person who seeks contributions, on behalf of an organization recognized by the United States Internal Revenue Service under Chapter 501 (c) of the Internal Revenue Code, from others.
CONCESSION TRAILER
A non-motorized mobile trailer that remains stationary and facilitates food preparation, cooking and sales within its confines.
ITINERANT VENDOR
Any person who travels from place to place selling goods or wares but locates, temporarily, on a specific property within the City of Ozark to conduct sales.
PEDDLER
Any person who attempts to make personal contact with another person at his/her residence or place of business without prior specific invitation or appointment from the other person for the purpose of attempting to sell a good or service. Peddler does not include a person under the age of sixteen (16) years who is a member of a non-profit organization.
STREET VENDOR
Any person or persons who travel from street to street upon public rights-of-way with food, non-alcoholic beverages, flowers, balloons or similar items and offers them for sale from a non-motorized cart, wagon or similar conveyance.
[Ord. No. 11-025 §1, 8-22-2011]
A. 
No person, firm or corporation shall conduct business from a concession trailer or operate as an itinerant vendor or street vendor without obtaining a license therefore from the City Planning and Development Department as hereinafter described. No person shall knowingly make a false statement or representation in any application for a license under the provisions of this Chapter. No license shall be issued or maintained unless and until the applicant has complied with all provisions of the laws of the State of Missouri relating to sales taxes and has produced proof of compliance therewith. Licenses for concession trailers or itinerant or street vendors shall be issued for a period of one (1) year from the date of issuance and shall automatically expire unless renewed within fourteen (14) days of expiration.
B. 
No person, firm or corporation shall be issued a license to do business as a concession trailer or an itinerant or street vendor unless the applicant submits with the application proof that all health and sanitary permits required by the State and/or the County have been obtained.
C. 
Prior to the issuance of any license, the City Building Inspector and the Fire Protection District inspector shall inspect each trailer or itinerant or street vendor conveyance. The City Building Inspector shall conduct an inspection and certify that the trailer or conveyance is structurally and mechanically sound, that the design will not create a nuisance or hazard to the public and that the size and design is adequate for the purpose intended. The Fire Protection District inspector shall conduct an inspection and certify that any cooking or heating apparatus is in compliance with applicable fire codes. If a concession trailer requires electricity, plumbing or sewer services, the applicant will be required to file the appropriate building code applications, obtain the required permits and pay the appropriate permit fees.
D. 
Annual fees for the aforementioned licenses shall be as set forth or as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
[Ord. No. 18-064, 11-19-2018]
E. 
Street vendors' conveyances shall not be greater than four (4) feet in width and eight (8) feet in length.
[Ord. No. 11-025 §1, 8-22-2011]
A. 
Identification Card Required — Fee. No person, firm or corporation may operate business as a peddler within the City of Ozark without first obtaining a certificate of registration as hereinafter described. The certificate of registration as required herein shall consist of an identification card issued by the City Police Department. The identification card shall, at a minimum, contain a picture of the individual applicant; an expiration date and an official seal of the City of Ozark. The registration fee shall be forty-five dollars ($45.00) as well as an additional twenty dollars ($20.00) for each individual peddler to accommodate the cost of the issuance of the registration and the criminal background check. The certificate of registration shall be issued for a period of no less than thirty (30) days, however, the Planning and Development Department is hereby authorized to issue registrations for a period not to exceed two hundred ten (210) days for those peddlers conducting seasonal food sales.
B. 
Application Process. Any person or business organization may register to conduct their peddler business on forms provided by the City Planning and Development Department. The content of such forms may be established by the department from time to time but must contain sufficient information to identify the business and specifically identify the individual(s) who will be peddling. A single business may acquire a registration but each individual must have the appropriate identification card.
C. 
Criminal Background Check And Issuance Or Declination Of Identification Card. Upon receipt of the completed application including information concerning the individual peddler(s), the issuing official shall refer the application to the Ozark Police Department which shall perform a criminal background check on each individual peddler. The Police Department shall issue the appropriate identification cards within two (2) business days unless the individual peddler has been convicted of a felony or misdemeanor within the past seven (7) years involving moral turpitude or who has made a false statement upon their application (unless the applicant can demonstrate that the falsehood was the result of excusable neglect).
[Ord. No. 11-027 §1, 8-23-2011]
A. 
A charity, religious or community based betterment organization shall be allowed to stand in a roadway for the purpose of a charitable solicitation, notwithstanding the provisions of Section 355.025 of this Code, provided that said organization and its charitable solicitors comply with the following:
1. 
At least ten (10) business days prior to the date of the proposed solicitation, the charity, church or organization shall file a solicitation permit with the Department of Planning and Development of the City. The request for permit shall state the date(s), times and locations of the proposed solicitations. Copies of the request shall be forwarded to the Chief of Police for his/her approval.
2. 
The proposed solicitation may only occur at an intersection where traffic is controlled by electronic signals and solicitors may only approach vehicles that are stopped by that traffic control device. No solicitor may touch or knock upon any part of any vehicle or otherwise do anything aggressive or intimidating when soliciting. All solicitation sites shall have a clear line of sight for approaching motorists on the affected roadway of at least five hundred (500) feet.
3. 
The charity, church or organization shall provide insurance and a certificate of proof of said insurance, naming the City as an additional insured on general liability arising from the roadway solicitation in an amount equal to the sovereign immunity limits set by the State of Missouri from time to time.
4. 
Solicitations may only occur on Saturday, Sunday and City holidays and only between the hours of 9:00 A.M. and 6:00 P.M.
5. 
The charity, church or organization may engage in roadway solicitation only twice in twelve (12) consecutive months and for a duration of no more than four (4) consecutive days on each occasion.
6. 
Each charitable solicitor must have on his or her person a current photo identification card issued by the State of Missouri.
7. 
Each charitable solicitor engaging in roadway solicitation shall sign an information form, which shall be available for City inspection upon request, showing that they have completed instruction regarding safe roadway operations from materials developed by the City.
8. 
Each solicitation site shall have at least one (1) involved person present who is at least twenty-one (21) years of age.
9. 
All charitable solicitors shall be at least eighteen (18) years of age and shall wear an optically bright yellow or orange safety vest conforming to ANSI specifications while engaging in roadway solicitations. Each solicitor shall also sign a waiver, prepared by the City, absolving the City of any liability and holding the City harmless from any claims resulting from any alleged injuries occurring during the conduct of the roadway solicitation.
10. 
Provided that the forgoing criteria are met and the Police Chief has rendered his opinion that the solicitation can occur with minimal hindrance to the flow of traffic, the Planning and Development Department shall issue the requested permit. Nevertheless, the permit granted is subject to the inherent exercise of the City's police powers and the Chief of Police may cause the suspension or revocation of the permit of any solicitation activity that is at such time and place causing an actual hazard on or near the roadway or which is unduly hindering the free movement of traffic.
[Ord. No. 11-025 §1, 8-22-2011]
All cooking or eating utensils and equipment used or issued by either an itinerant or street vendor or a concession trailer shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by State, County or City laws. Eating utensils may be of disposable substances, may not be re-used and must be disposed of in appropriate receptacles.
[Ord. No. 11-025 §1, 8-22-2011]
A. 
Itinerant vendors and concession trailers may only be licensed for and operate on private property owned by the applicant or for which the applicant has written permission from the owner in a "C-2" zoning district.
B. 
Street vendors may only operate on the public streets or private property, with written permission of the owner, in a "C-4" Central Business District area or upon streets or parking areas owned or leased by the City within that zoning district.
C. 
Peddlers may conduct their business upon the residential streets of the City provided that they may not utilize any such sound device that because of the intensity of its sound or the hour of the day that the sound is produced will cause a disturbance of the peace of the residential neighborhood. No peddler is allowed to conduct his/her/its business upon a primary or secondary thoroughfare as designated in the City's Thoroughfare Plan or upon the Ozark Community Center (OC) property (including driveway and parking lot); the Finley River Park during hours that the Parks and Recreation Department are conducting events as published upon the City website and the Neil Grubaugh Park and Pool property (including driveway and parking lot) during hours of operation between Memorial Day and Labor Day each year.
[Ord. No. 11-025 §1, 8-22-2011]
A. 
No concession trailer or itinerant or street vendor shall occupy any area within ten (10) feet of a crosswalk, alley or building doorway.
B. 
Street vendor conveyances shall be located on the sidewalk as close as safely possible to the curb and no concession trailer or street vendor shall obstruct or impede vehicle or pedestrian traffic. No concession trailer shall be located on a right-of-way or sidewalk.
C. 
Concession trailers, itinerant vendors and street vendors must maintain an area within twenty-five (25) feet of the trailer or conveyance in a clean and sanitary condition. Vendors shall pick up paper, cardboard, wood or plastic containers, wrappers or any litter which may be deposited by any customer at any time it is conducting business and shall be responsible for the disposal of same.
D. 
No concession trailer, itinerant vendor or street vendor may make any loud noise for the purpose of advertising or attracting attention to its wares.
E. 
No itinerant or street vendor conveyance shall be left unattended.
F. 
No itinerant or street vendor serving food shall occupy an area within fifty (50) feet of a customer entrance of a restaurant unless the conveyance is operated from private property owned by the licensee.
G. 
Concession trailers or itinerant or street vendors who wish to advertise with any type of sign must comply with Chapter 407 of the Code of Ordinances of the City of Ozark.
[Ord. No. 11-025 §1, 8-22-2011]
A. 
Any person, firm or corporation who is found to violate any of the provisions of this Chapter commits an ordinance violation and shall be punished in accordance with the provisions of Section 100.220 of the Code of Ordinances of the City of Ozark.
B. 
A violation of this Chapter is hereby declared a nuisance and, in addition to those penalties described above, the judge of the Municipal Division of the Circuit Court for the City of Ozark shall have the power to revoke the business license of the offending person, firm or corporation.