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22, 2011, repealed ch. 615 and enacted new provisions set out herein.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:
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.
A non-motorized mobile trailer that remains stationary and
facilitates food preparation, cooking and sales within its confines.
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.
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.
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
and proof that the applicant is the property owner or has written
permission from the property owner.
[Ord. No. 21-008, 2-1-2021]
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 any zoning district.
[Ord. No. 21-008, 2-1-2021]
1.
In Single-Family Residential And Two-Family Zoning Districts. Itinerant
vendors and concession trailers shall locate in common areas as permitted
by the homeowners association and not in public right-of-way.
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; Ord.
No. 21-008, 2-1-2021]
A.
No
concession trailer or itinerant or street vendor shall occupy any
area within ten (10) feet of a crosswalk, alley or building doorway,
or within a vehicular drive aisle.
B.
No
concession trailers, itinerant or street vendors shall occupy buffer
yards, detention areas, setbacks, easements, sight triangles, perimeter
landscaping areas, or front yards.
C.
Concession
trailers, itinerant and street vendors may occupy parking spaces,
with the exception of ADA accessible spaces, if they obtain written
permission from the property owner.
D.
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.
E.
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.
F.
No
concession trailer, itinerant vendor or street vendor may make any
loud noise for the purpose of advertising or attracting attention
to its wares.
G.
No
itinerant or street vendor conveyance shall be left unattended.
H.
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.
I.
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.
J.
All
concession trailers, itinerant or street vendor operations shall keep
and store all products used in the business contained within their
trailer or conveyance. This does not include site furnishing such
as seating tables or trash receptacles.
[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.
