City of Park Hills, MO Chapter 630 Peddlers and Solicitors

Section 630.010 Definitions.

[Ord. No. 1358-20, 5-26-2020[1]]

A. 

As used in this Chapter, the following words have the meaning indicated:

CANVASSER

A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:

1. Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or

2. Distributing a handbill or flyer advertising a non-commercial event or service.

PEDDLER

A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service. A "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a "solicitor."

SOLICITOR

A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:

1. Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or

2. Distributing a handbill or flyer advertising a commercial event or service.

B. Note:

1. As set forth in Section 630.020 below, a canvasser is not required to obtain a permit.

2. As set forth in Section 630.050 below, no fee shall be charged for a permit for a solicitor.

[1] Editor's Note: This ordinance repealed and replaced R.O. 2016 Ch. 630, Peddlers.

Section 630.013 Exception For Certain Charitable Organizations.

[Ord. No. 1358-20, 5-26-2020]

The following entities shall be exempt from the terms of this Chapter: Any entity who is qualified, or meets the requirements to be qualified, as a tax exempt organization under the tax code pursuant to Sections 501(c)(3) (religious, educational, charitable, scientific, literary, testing for public safety, to foster national or international amateur sports competition, or prevention of cruelty to children or animals organizations), 501(c)(4) (civic leagues, social welfare organizations, and local associations of employees), 501(c)(5) (labor, agricultural and horticultural organizations), 501(c)(6) (business leagues, chambers of commerce, real estate boards, etc.) and 501(c)(7) (social and recreational clubs) of the Internal Revenue Code.

Section 630.015 Exception For Certain Employees.

[Ord. No. 1358-20, 5-26-2020]

This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.

Section 630.020 Permit Required For Peddlers And Solicitors, Not For Canvassers.

[Ord. No. 1358-20, 5-26-2020]

No person shall act as a peddler or as a solicitor within the City of Park Hills without first obtaining a permit in accordance with this Chapter. A canvasser is not required to have a permit.

Section 630.030 Application.

[Ord. No. 1358-20, 5-26-2020]

A. Applicants for a permit under this Chapter must file with the City a sworn application in writing (in duplicate) on a form to be furnished by the City, which shall give the following information:

1. Name and description of the applicant and social security number;

2. Permanent home address and full local address of the applicant;

3. For a peddler, a brief description of the nature of the business and the goods to be sold;

4. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

5. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;

6. A statement as to whether or not the applicant has been convicted of any ordinance violation or misdemeanor involving moral turpitude or any felony, the nature of each offense and the punishment or penalty assessed therefor;

7. The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by each person for whom a permit is requested;

8. If a permit is requested for a peddler:

a. The name and permanent address of the business offering the event, activity, good or service, i.e., the peddler's principal.

b. A copy of the principal's sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City annual report of sales tax payees as provided by the Missouri Department of Revenue.

c. The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.

9. If a permit is requested for a solicitor:

a. The name and permanent address of the organization, person or group for whom donations or proceeds are accepted.

b. The web address for this organization, person or group or other address where residents having subsequent questions can go for more information.

c. A brief description of the proposed activity related to this permit. Copies of literature to be distributed may be substituted for this description at the option of the applicant.

B. Attached to the application shall be a copy of a criminal record check (name search) conducted by the Missouri State Highway Patrol within ninety (90) days from the date of the application.

Section 630.040 Investigation And Issuance.

[Ord. No. 1358-20, 5-26-2020]

A. The City Administrator or the designee of the City Administrator shall review the application and the criminal record required by Subsection 630.030.

B. If it is determined that the applicant has been convicted of an ordinance violation or a misdemeanor involving moral turpitude or any felony, the City Administrator or the designee of the City Administrator shall endorse on the application the disapproval and the reasons for same and notify the applicant that the application is disapproved and that no permit will be issued. The applicant shall be informed of the basis for disapproval and notified that the applicant has the right of appeal to the City Council. The notice to the applicant shall be mailed, postage prepaid, to the applicant at each address set forth in the application and at applicant's last known address, if different than the addresses in the application, within forty-eight (48) hours following the disapproval. Reasonable attempts shall also be made to notify the applicant by phone or in person.

C. If it is determined that the applicant has not been convicted of an ordinance violation or a misdemeanor involving moral turpitude or any felony, the City Administrator or the designee of the City Administrator shall endorse on the application the approval and, upon payment of the prescribed permit fee, deliver to the applicant a permit. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permittee, the amount of fee paid, the date of issuance, and the date through which the same shall be operative, as well as the permit number and identifying description of any vehicle used in such peddling or solicitation. If the permit is for a peddler, the permit shall also state the kinds of goods to be sold thereunder. If the permit is for a solicitor, the permit shall also state the particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose for which such donation is solicited. The City Administrator shall keep a permanent record of all permits issued.

Section 630.050 Fees.

[Ord. No. 1358-20, 5-26-2020]

A permit fee shall be charged by the City for such permit in the amount of twenty dollars ($20.00) for a peddler. No fee shall be charged for a solicitor.

Section 630.055 Hours.

[Ord. No. 1358-20, 5-26-2020]

A. Neither peddlers nor solicitors shall engage in their business before 8:00 A.M. or after 6:00 P.M.

B. Neither peddlers nor solicitors shall engage in their business on any part of Sunday other than from 1:00 P.M. until 6:00 P.M.

Section 630.056 Distribution Of Handbills And Commercial Flyers.

[Ord. No. 1358-20, 5-26-2020]

A. In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:

1. No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The police are authorized to remove any handbill or flyer found within the right-of-way.

2. No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.

3. No handbill or flyer shall be left at or attached to any of the property having a "no solicitor" sign of the type described in Section 630.058(A)(1) and (2).

4. Any person observed distributing handbills or flyers shall be required to identify himself/herself to the police (either by producing a permit or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.

Section 630.058 Prohibitions.

[Ord. No. 1358-20, 5-26-2020]

A. General Prohibitions. No peddler, solicitor or canvasser shall:

1. Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height. The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.

2. Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.

3. Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.

4. Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.

5. Enter upon the property of another except between the hours of 1:00 P.M. and 6:00 P.M. on any Sunday and between the hours of 8:00 A.M. and 6:00 P.M. on any other day of the week.

B. Do Not Solicit List.

1. The City Clerk shall maintain a list of persons residing within the City who request their residences be placed on the Do Not Solicit List. A copy of the list showing only the addresses of the residences shall be provided to each applicant issued a permit under this Chapter. No peddler or solicitor shall enter upon any residence where the current occupant has posted the property on the City's Do Not Solicit List, regardless of whether or not a front yard sign is posted.

2. The City Clerk shall establish reasonable procedures to remove from the list residences which are no longer occupied by the person who requested the residence to be placed on the list.

Section 630.060 Exhibition Of Permit.

[Ord. No. 1358-20, 5-26-2020]

Peddlers are required to exhibit their permits at the request of any citizen.

Section 630.070 Duty Of Police To Enforce.

[Ord. No. 1358-20, 5-26-2020]

Any Police Officer of the City may require any person seen peddling and who is not known by such officer to be duly permitted to produce the person's peddler's permit, and may enforce the provisions of this Section against any person found to be violating the same.

Section 630.080 Records.

[Ord. No. 1358-20, 5-26-2020]

The Chief of Police shall report to the City Administrator all convictions for violation of this Chapter and the City Administrator shall maintain a record for each permit issued and record the reports of violation therein.

Section 630.090 Revocation Of Permit.

[Ord. No. 1358-20, 5-26-2020]

A. Permits issued under the provisions of this Section may be revoked by the City Administrator of the City for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for the permit.

2. Fraud, misrepresentation, or false statement made in the course of carrying on his/her business as peddler or a solicitor.

3. Any violation of this Chapter.

4. Conviction of any ordinance violation or misdemeanor involving moral turpitude or any felony.

5. Conducting the business of a peddler or a solicitor in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

B. Written notice of such revocation shall subsequently be given to the permittee setting forth specifically the grounds of complaint and the right to request a hearing at the next meeting of the City Council following receipt of notice. Such notice shall be mailed, postage prepaid, to the permittee at each address set forth in the application and at permittee's last known address, if different than the addresses in the application, within forty-eight (48) hours following the revocation. Reasonable attempts shall also be made to notify the permittee by phone or in person.

Section 630.100 Appeal.

[Ord. No. 1358-20, 5-26-2020]

Any person aggrieved by the action of the City in the denial of a permit or revocation of a permit as provided in this Chapter shall have the right of appeal to the City Council of the City of Park Hills. Such appeal shall be taken by filing with the City Clerk within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in this Chapter for notice of revocation. The decision and order of the City Council on such appeal shall be final and conclusive, subject to appeal as provided by State law.

Section 630.110 Expiration Of Permit.

[Ord. No. 1358-20, 5-26-2020]

All permits issued under the provisions of this Chapter shall expire on the 30th day following the issuance of the permit.

Section 630.120 Violations And Penalties.

[Ord. No. 1358-20, 5-26-2020]

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed three (3) months, or both such fine and imprisonment.