[R.O. 2004 §615.010; CC 1990 §615.010; Ord. No. 634 §1, 11-2-1987]
No person shall operate any flea market, as defined herein,
or permit the retail selling of any goods, wares or merchandise of
any description from any open-air market, stand or stall from any
such flea market without a permit, nor after such permit shall be
revoked.
[R.O. 2004 §615.020; CC 1990 §615.020; Ord. No. 634 §2, 11-2-1987]
As used in this Chapter, the following terms shall have these
prescribed meanings:
An open-air market for cheap new or secondhand articles or
antiques.
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, co-partnership
or society, or any other organization.
[R.O. 2004 §615.030; CC 1990 §615.030; Ord. No. 634 §3, 11-2-1987]
A.
Applicants
for permit and license under this Chapter must file with the City
Clerk a sworn application in writing (in duplicate) on a form to be
furnished by the City Clerk, which shall give the following information:
1.
Name and description of the applicant;
2.
Address (legal and local);
3.
A brief description of the nature of the business and the goods to
be sold and in the case of products of farm or orchard, whether produced
or grown by the applicant;
4.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
5.
The length of time for which the right to do business is desired;
6.
If a vehicle is to be used, a description of the same, together with
a license number or other means of identification;
7.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
or any State or Federal Statute, the nature of the offense and the
punishment or penalty assessed therefor;
8.
At the time of filing the application, a non-refundable fee of twenty
dollars ($20.00) shall be paid to the City Clerk to cover the cost
of investigation.
[R.O. 2004 §615.040; CC 1990 §615.040; Ord. No. 634 §4, 11-2-1987]
A.
Upon
receipt of such application, the original shall be referred to the
Chief of Police who shall cause such investigation of the applicant's
business and moral character to be made as he/she deems necessary
for the protection of the public good.
B.
If
as a result of such investigation the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police
shall endorse on such application his/her disapproval and his/her
reasons for the same and return the said application to the City Clerk
who shall notify the applicant that his/her application is disapproved
and that no permit and license will be issued.
C.
If
as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his/her approval, execute a permit
addressed to the applicant for the carrying on of the business applied
for and return said permit along with the application to the City
Clerk who shall, upon payment of the prescribed license fee, deliver
to the applicant his/her permit and issue a license. Such license
shall contain the signature and seal of the issuing officer and shall
show the name, address and photograph of said licensee, the class
of license issued and the kind of goods to be sold thereunder, the
amount of fee paid, the date of issuance and the length of time the
same shall be operative, as well as the license number and other identifying
description of any vehicle used in such vending. The Clerk shall keep
a permanent record of all licenses issued.
[R.O. 2004 §615.050; CC 1990 §615.050; Ord. No. 634 §5, 11-2-1987; Ord. No. 933 §1, 9-11-2000]
A.
The
applicant for such license shall pay the following fees:
1.
For markets with acreage of no more than four (4) acres, one thousand
dollars ($1,000.00) per annum.
2.
For markets with acreage of between four (4) acres and no more than
eight (8) acres, two thousand dollars ($2,000.00) per annum.
3.
For markets with acreage in excess of eight (8) acres, two thousand
five hundred dollars ($2,500.00) per annum.
[R.O. 2004 §615.060; CC 1990 §615.060; Ord. No. 634 §6, 11-2-1987]
No refund shall be made on any license when the person to whom
such license is issued discontinues or retires from the business for
which the license was issued.
[R.O. 2004 §615.070; CC 1990 §615.070; Ord. No. 634 §7, 11-2-1987]
No license issued under the provisions of this Chapter shall
be used at any time by any person other than the one to whom it was
issued.
[R.O. 2004 §615.080; CC 1990 §615.080; Ord. No. 634 §8, 11-2-1987]
No applicant for such license, nor any person in his/her behalf,
shall shout, make any cry out, blow a horn, ring a bell or use any
sound device, including any loud speaking radio or sound amplifying
system, upon any of the streets, alleys, parks or other public places
of said City or upon any private premises in the said City where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or
other public places for the purpose of attracting attention to any
goods, wares or merchandise which such licensee proposes to sell.
[R.O. 2004 §615.090; CC 1990 §615.090; Ord. No. 634 §9, 11-2-1987]
Licensees under this Chapter are required to exhibit their licenses
at the request of any citizen.
[R.O. 2004 §615.100; CC 1990 §615.100; Ord. No. 634 §10, 11-2-1987]
It shall be the duty of any Police Officer of the City of Pevely
to require any person seen conducting any business or sale covered
by this Chapter, and who is not known by such officer to be duly licensed,
to produce his/her license and to enforce the provisions of this Chapter
against any person found to be violating the same.
[R.O. 2004 §615.110; CC 1990 §615.110; Ord. No. 634 §11, 11-2-1987]
The Chief of Police shall report to the City Clerk all convictions
for violation of this Chapter and the City Clerk shall maintain a
record for each license issued and record the reports of violation
therein.
[R.O. 2004 §615.120; CC 1990 §615.120; Ord. No. 634 §12, 11-2-1987]
A.
Permits
and license issued under the provisions of this Chapter may be revoked
by the Board of Aldermen of the City of Pevely, Missouri, after notice
and hearing 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 under this Chapter;
3.
Any violation of this Chapter;
4.
Conviction of any crime or misdemeanor involving moral turpitude;
5.
Conducting his/her business covered under this Chapter 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.
Notice
of the hearing for revocation of a license shall be given in writing
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at his/her last known address at least five (5) days
prior to the date set for hearing. The decision of the Board of Aldermen
shall be final and conclusive.
[R.O. 2004 §615.130; CC 1990 §615.130; Ord. No. 634 §13, 11-2-1987]
All annual licenses issued under the provisions of this Chapter
shall expire on December thirty-first (31st) in the year issued.
[R.O. 2004 §615.140; CC 1990 §615.140; Ord. No. 634 §14, 11-2-1987]
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 ninety
(90) days, or both such fine and imprisonment. Each day of operation
shall constitute a separate violation.
