As used in this Article, the following words have the meaning
indicated:
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 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
Distributing a handbill or flyer advertising a
non-commercial event or service.
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."
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 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
Distributing a handbill or flyer advertising a
commercial event or service.
This Article 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.
No person, except local charitable organizations (Arcadia, Ironton,
Pilot Knob), shall act as a peddler or as a solicitor within the City
without first obtaining a permit in accordance with this Article.
A canvasser is not required to have a permit but any canvasser wanting
a permit for the purpose of reassuring City residents of the canvasser's
good faith shall be issued one upon request.
A.Â
The fee for the issuance of each permit shall be:
1.Â
For a peddler acting on behalf of a merchant otherwise
licensed to do business within the City: No fee.
2.Â
For a peddler acting on behalf of a merchant not
otherwise licensed to do business within the City: No fee.
3.Â
For a solicitor, including a commercial solicitor
advertising an event, activity, good or service for purchase at a
location away from the residence: No fee.
4.Â
For a canvasser requesting a permit: No fee.
Any person or organization, formal or informal, may apply for
one (1) or more permits by completing an application form at the office
of the issuing officer during regular office hours.
A.Â
The applicant, person or organization shall provide the
following information:
1.Â
Name of applicant.
2.Â
Number of permits required.
3.Â
The name, physical description and photograph
of each person for which a permit is requested. In lieu of this information,
a driver's license, State identification card, passport or other
government-issued identification card issued by a government within
the United States containing this information may be provided and
a photocopy taken.
4.Â
The permanent and, if any, local address of the
applicant.
5.Â
The permanent and, if any, local address of each
person for whom a permit is requested.
6.Â
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.
7.Â
Date and place of birth for each person for whom
a permit is requested and, if available, the social security number
of such person.
8.Â
A list of all infraction, offense, misdemeanor,
ordinance violation and felony convictions of each person for whom
a permit is requested for the seven (7) years immediately prior to
the application.
9.Â
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.
10.Â
If a permit is requested for a peddler:
a.Â
The name and permanent address of the business
offering the event, activity, good or service, i.e., the peddler's
principal.
b.Â
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's
annual report of sales tax payees as provided by the Missouri Department
of Revenue.
c.Â
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.
11.Â
If a permit is requested for a solicitor:
12.Â
Any other information the applicant wishes to
provide, perhaps including copies of literature to be distributed,
references to other municipalities where similar activities have occurred,
etc.
A.Â
The permit(s) shall be issued promptly after application
but in all cases within eight (8) business hours of completion of
an application, unless it is determined within that time that:
1.Â
The applicant has been convicted of a felony,
a misdemeanor or an ordinance violation involving moral turpitude
within the past seven (7) years,
2.Â
With respect to a particular permit, the individual
for whom a permit is requested has been convicted of any felony, a
misdemeanor or an ordinance violation involving moral turpitude within
the past seven (7) years, or
3.Â
Any statement upon the application is false, unless
the applicant can demonstrate that the falsehood was the result of
excusable neglect.
During the period of time following the application for one (1) or more permits and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the eight (8) business hours provided in Section 610.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion of an investigation
revokes, the permit to one (1) or more persons, he/she shall immediately
convey the decision to the applicant orally and shall within sixteen
(16) working hours after the denial prepare a written report of the
reason for the denial which shall be immediately made available to
the applicant. Upon receipt of the oral notification and even before
the preparation of the written report, the applicant shall have at
his/her option an appeal of the denial of his/her application before
the Board of Aldermen at its next regular meeting.
If the applicant requests a hearing under Section 610.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, Chapter 536, RSMo., and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri Open Meetings and Records Law, Chapter 610, RSMo.
Each permit shall be, when the individual for whom it was issued
is acting as a peddler or solicitor, worn on the outer clothing of
the individual as so to be reasonably visible to any person who might
be approached by said person.
A permit shall be valid within the meaning of this Article for
a period of six (6) months from its date of issuance or the term requested,
whichever is less.
A.Â
In addition to the administrative revocation of a permit,
a permit may be revoked for any of the following reasons:
1.Â
Any violation of this Article by the applicant
or by the person for whom the particular permit was issued.
2.Â
Fraud, misrepresentation or incorrect statement
made in the course of carrying on the activity.
3.Â
Conviction of any felony, a misdemeanor or an
ordinance violation involving moral turpitude within the last seven
(7) years.
4.Â
Conducting the activity in such a manner as to
constitute a breach of the peace or a menace to the health, safety
or general welfare of the public.
B.Â
The revocation procedure shall be initiated by the filing
of a complaint by the City Attorney or the issuing officer pursuant
to the State Administrative Procedure Act, Chapter 536, RSMo., and
a hearing before the Board of Aldermen.
A.Â
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.Â
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.Â
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.Â
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 610.150(A)(1) and (2).
4.Â
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.
A.Â
No peddler, solicitor or canvasser shall:
1.Â
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.Â
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.Â
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.Â
Remove any yard sign, door or entrance sign that
gives notice to such person that the resident or occupant does not
invite visitors.
5.Â
Enter upon the property of another except between
the hours of 9:00 A.M. and 8:00 P.M.
B.Â
Except that the above prohibitions shall not apply when
the peddler, solicitor or canvassers has an express invitation from
the resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
Any person violating any part of this Article shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the City. The penalty for such violation shall
be the same as for any other trespass.
[R.O. 2008 §625.020(A); Ord. No. 9-3 §§1 — 4, 1-25-1955]
The following terms when used in this Section shall have the
meanings set out herein:
Means and includes every self-propelled vehicle or any type
of vehicle designed for use upon a public street, alley or highway.
The display of goods on a motor vehicle or vehicle or the
shouting, crying, or soliciting by word of mouth or by displayed signs
or words, the sale of goods, wares or merchandise so displayed or
contained in a motor vehicle or vehicles.
The area between the curb lines of any street, avenue, alley
or highway.
The transfer of ownership for a consideration, or for advertising
or good will purposes.
[R.O. 2008 §625.020(B); Ord. No. 9-3 §§1 — 4, 1-25-1955]
The sale of any goods, wares or merchandise, or the offering
of such for sale from any motor vehicle or other vehicle parked around
or within the Court House Square or within the roadway of any street,
alley or highway within the limits of Ironton, Missouri, is hereby
prohibited.
[R.O. 2008 §625.020(C); Ord. No. 9-3 §§1 — 4, 1-25-1955]
This Section shall not be construed to prohibit the sale from
any motor vehicle or other vehicle parked in the roadway of any street
or within the Court House Square within the limits of the City of
Ironton, Missouri, to a merchant or merchants at wholesale for the
purpose of resale by said merchant or merchants in the retail trade.