[Ord. No. 3095, 5-20-2013]
When used in this Chapter 630, the following words and phrases are defined as follows:
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 (i) 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; or (ii) a person engaged in the activities permitted by Chapter 615 of this Code.
Includes the singular and the plural and means and includes
any person, firm, corporation, company, association, club, partnership,
society, or any other organization.
[Ord. No. 3095, 5-20-2013]
Peddlers cannot operate within the City of Pleasant Valley unless
they first obtain a permit in accordance with this Chapter.
[Ord. No. 3095, 5-20-2013; Ord. No. 3246, 3-20-2017]
A.Â
The fee for the issuance of each permit is as follows:
1.Â
For a peddler acting on behalf of a business otherwise licensed
to do business within the City, and whose business is located within
the City of Pleasant Valley, Missouri, the fee is five dollars ($5.00)
per day.
2.Â
For a peddler acting on behalf of a merchant otherwise licensed
to do business within the City, and whose business is located outside
of the City limits of Pleasant Valley, Missouri, the fee is twenty-five
dollars ($25.00) per day.
3.Â
For a peddler acting on behalf of a business not otherwise licensed
to do business within the City, the fee is thirty-five dollars ($35.00)
per day.
4.Â
The applicant must pay in advance for each day he/she plans
to peddle within the City. The permit will be issued for the number
of days paid in advance and will then expire.
5.Â
Issued permits shall not exceed fourteen (14) calendar days.
Upon expiration of the permit, the peddler may reapply for a new permit.
6.Â
The number of individual peddler's permits allowed in the
City at any one (1) time is six (6).
[Ord. No. 3095, 5-20-2013]
Any person may apply for a permit by completing an application
form at the office of the City Clerk during regular office hours.
[Ord. No. 3095, 5-20-2013]
A.Â
The
applicant must provide the following information:
1.Â
Name of applicant;
2.Â
A copy of the applicant's driver's license, State identification
card, passport, or other government-issued photo identification card
(issued by a government within the United States) after presentation
of the original of such I.D. to the City Clerk;
3.Â
The permanent and (if any) local address of the applicant;
4.Â
Date of birth, place of birth, and Social Security number of the
applicant;
5.Â
A list of the applicant's misdemeanor and felony convictions;
6.Â
The motor vehicle make, model, year, color, and State license plate
number of any vehicle which the applicant will use while peddling;
7.Â
The name, permanent address, phone number, and fax number of the
person, business, or other entity ("employer") for whom the peddler
is working;
8.Â
The number of the employer's sales tax license as issued by the Missouri
Department of Revenue;
9.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.)
[Ord. No. 3095, 5-20-2013; Ord. No. 3246, 3-20-2017]
[Ord. No. 3095, 5-20-2013]
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for permit, or in the decision with reference to the revocation of a permit as provided in Section 630.080 of this Chapter, has the right of appeal to the Board of Aldermen of the City of Pleasant Valley, Missouri. Within seven (7) days of receipt of the denial or revocation of a permit, the peddler may submit to the City Clerk a speaker's request form asking for a hearing before the Board of Aldermen, which will hear the appeal at its next regularly scheduled meeting.
[Ord. No. 3095, 5-20-2013]
A.Â
A permit
may be revoked for any of the following reasons:
1.Â
Any misrepresentation in the application discovered after issuance
of the permit;
2.Â
Any violation of this Chapter by the peddler or his/her employer;
3.Â
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity;
4.Â
Conviction of any felony or a misdemeanor involving moral turpitude
within the last seven (7) years;
5.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.
[Ord. No. 3095, 5-20-2013]
The City Clerk will maintain a list of persons within the City who restrict visits to their residential property (including their leasehold, in the case of a tenant) by peddlers. This "no visit" list is a public document, reproduced on the City's website, and available for public inspection and copying. A copy of the "no visit" list will be provided to each applicant for and each recipient of a permit. Failure to abide by the "no visit" list constitutes grounds for revocation of the permit and a fine in accordance with Section 615.200 of the Code.
[Ord. No. 3095, 5-20-2013]
No permit issued under the provisions of this Chapter can be
used at any time by any person other than the one to whom it was issued.
[Ord. No. 3095, 5-20-2013]
The peddler must carry his/her permit at all times while conducting
business within the City of Pleasant Valley. The peddler will show
the permit and a valid government issued photo ID upon request of
a Police Officer, staff member or resident of the City.
[Ord. No. 3095, 5-20-2013]
No peddler, nor any person on his/her behalf, may shout, 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 the City or upon any private
premises in the 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
peddler proposes to sell.
[Ord. No. 3095, 5-20-2013]
No peddler has any exclusive right to any location in the public
streets, nor will a peddler be permitted a stationary location, nor
will a peddler be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, will be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[Ord. No. 3095, 5-20-2013]
The permit remains valid for the period stated on the permit
as determined by the amount prepaid by the peddler. At the expiration
of said term, the peddler may seek renewal of the permit under the
same conditions set forth by this Chapter. Such renewal will be freely
granted notwithstanding any violations of this Chapter by the peddler.
[Ord. No. 3095, 5-20-2013]
It is the duty of any Police Officer of the City of Pleasant
Valley to require any person seen peddling to produce his/her peddler's
permit, unless the officer knows the peddler has a permit. The Police
Officers must enforce the provisions of this Chapter against any person
found to be violating the same.
[Ord. No. 3095, 5-20-2013]
Any person violating any of the provisions of this Chapter will
be deemed guilty of a misdemeanor, and upon conviction thereof, will
be fined not less than ten dollars ($10.00) nor more than five hundred
dollars ($500.00), may be imprisoned for not more than ninety (90)
days, or may be punished by both fine and imprisonment. The peddler's
permit will also be revoked.
[Ord. No. 3095, 5-20-2013]
The Chief of Police will report to the City Clerk all convictions
for violation of this Chapter and the City Clerk will maintain a record
for each permit issued and record the reports of violation therein.
[Ord. No. 3095, 5-20-2013]
A.Â
Peddlers
are prohibited from:
1.Â
Entering 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. 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.
2.Â
Remaining upon any private property where a notice in the form of
a sign or sticker is placed upon any door or entranceway leading into
the residence or dwelling at which guests would normally enter, which
sign contains the words such as "no soliciting" or "no solicitors"
and which is clearly visible to the peddler.
3.Â
Entering upon any private property where the current occupant has
posted the property on the City's "no visit" list.
4.Â
Using or attempting to use any entrance other than the front or main
entrance to the dwelling, or step from the sidewalk or indicated walkway
(where one (1) 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.
5.Â
Removing any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
6.Â
Entering 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 do 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.
[Ord. No. 3095, 5-20-2013]
The provisions of this Chapter are declared to be severable
and if any Section, sentence, clause, or phrase of this Chapter is
for any reason be held to be invalid or unconstitutional, such decision
will not affect the validity of the remaining Sections, sentences,
clauses and phrases of this Chapter but they will remain in effect,
it being the legislative intent that this Chapter will stand notwithstanding
the invalidity of any part.
