City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[CC 1978 §52.010]
It shall be unlawful for any person to engage in the business of peddler as defined in Section 610.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein.
[CC 1978 §52.020; Ord. No. 111 §1, 5-6-2013]
The word "peddler", as used herein, shall include any person, whether a resident of this City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or offering for sale for later delivery, or seeking appointments for the purpose of at that time offering for sale; or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance; and further provided that one who solicits orders and as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Chapter shall be deemed a peddler subject to the provisions of this Chapter. The word "peddler" shall include the words "hawker", "huckster" and "solicitor". Further, "peddler" also does not include an individual selling at the designated Farmers' Market as said Farmers' Market location is designated annually by the City of Warsaw City Council.
[CC 1978 §52.030]
Applicants for permits 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:
Name and description of the applicant.
Address (local and permanent).
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.
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with credentials establishing the license number or other means of identification.
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
[CC 1978 §52.040]
Upon receipt of such application, the second (2nd) copy 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.
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 will be issued.
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. Upon receipt of the approved application the City Clerk, upon payment of the prescribed permit fee, shall deliver to the applicant his/her permit. The Clerk shall keep a permanent record of all licenses issued.
[CC 1978 §52.050]
The fees for licenses required under this Chapter shall be twenty-five dollars ($25.00) for each six (6) month period or ten dollars ($10.00) per day.
[CC 1978 §52.060]
No permit issued under this Chapter shall be transferable or assignable.
[CC 1978 §52.080]
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she 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, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[CC 1978 §52.090]
No peddler, nor any person in his/her behalf, shall shout, make any outcry, 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.
[CC 1978 §52.100]
Peddlers are required to exhibit their licenses at the request of any citizen.
[CC 1978 §52.110]
Permits and licenses issued under the provisions of this Chapter may be revoked by the Chairman of the Board of Aldermen of this City after notice and hearing for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as peddler.
Any violation of this Chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling 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.
[CC 1978 §52.120]
Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the ground of complaint and the time and place of hearing. Such notice shall be mailed postpaid to the permittee at his/her permanent address (as shown on his/her application) at least five (5) days prior to the date set for hearing.
[CC 1978 §52.130]
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in Sections 610.030 and 610.040 or in the decision with reference to the revocation of a license as provided in Section 610.100 shall have the right of appeal to the Board of Aldermen. 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 Board of Aldermen 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 Section 610.110.
[CC 1978 §52.140]
All annual permits issued under the provisions of this Chapter shall expire on the thirty-first (31st) of July in the year when issued. Other than annual permits shall expire on the date specified in the permit.