Editor's Note — Ord. no. 622 §1, adopted September
20, 2010, repealed ch. 620 "itinerant merchants, peddlers and solicitors"
and enacted new provisions set out herein. Former ch. 620 derived
from ord. no. 284, §1, 8-21-2000.
[Ord. No. 622 §1, 9-20-2010]
It shall be unlawful for any solicitor/peddler or transient merchant as defined herein to engage in such business within the corporate limits of the City of Green Park without first registering with the City Administrator for a license for such business in compliance with the provisions contained herein and pursuant to the authority prescribed by Section 94.110, RSMo. Notwithstanding anything to the contrary herein, however, all recognized charitable organizations or any other bona fide, non-profit, charitable, educational, political, social welfare or religious organization shall be exempt from the terms of this Chapter except that all persons, firms, corporations or other entities engaging in solicitation or transient merchant activities within the City shall comply with the hours of operation set forth in Section 620.050 below.
[Ord. No. 622 §1, 9-20-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person, firm, corporation or other entity, whether a
resident of the City of Green Park or not, which 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.
Engaging in the activities described in "canvasser" above.
Any area outside a permanent building or structure, including,
but not limited to, any motor vehicle, tent, railroad boxcar or boat,
or any street, alley or other place within the City which is used
for the exhibition of products, merchandise, services or personal
property of any nature whatsoever and which is located either:
In the public right-of-way (whether from a fixed location or
mobile, whether within or outside of an automobile, by use of a stand
or display, or otherwise); or
Upon property not owned or leased for a term of one (1) year
or more by the person engaged in the sale of goods, where the sale
of goods occurs immediately adjacent to, or is visible from, the public
right-of-way.
Engaging in the activities described in "solicitor/peddler"
above.
Any person, firm, corporation or other entity, whether a
resident of the City of Green Park or not, traveling either by foot,
automobile, motor truck or any other type of conveyance from place
to place, from house to house or from street to street directly selling
goods, wares, merchandise, personal property of any nature whatsoever
or services, or taking or attempting to take orders for, or distributing
information, whether written or oral, pertaining to the sale of goods,
wares and merchandise, personal property of any nature whatsoever,
or services, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale or whether he is collecting
advance payments on such sales or not.
Any person, firm, corporation or other entity, whether a
resident of the City of Green Park or not, which engages in the sale
of goods, foods, wares, merchandise, personal property of any nature
whatsoever or services from an outdoor sales location as defined in
"outdoor sales location". The person so engaged shall not be relieved
from complying with the provisions of this Chapter merely by reason
of associating temporarily with any local dealer, trader, merchant
or auctioneer or by conducting such transient business in connection
with, as a part of or in the name of any dealer, trader, merchant
or auctioneer.
Engaging in the activities described in "transient merchant"
above. Nothing herein shall apply to the delivery of goods or services
to a dwelling by appointment or other regularly scheduled delivery
date.
[Ord. No. 622 §1, 9-20-2010]
A.
Prior
to engaging in solicitation or transient merchant activities within
the City, each person who will engage in those activities within the
City must have submitted an application and administration fee to,
and have been issued a valid license by the City of Green park. Each
license is unique to the individual who is seeking to undertake solicitation
or transient merchant activities. The license issued by the City shall,
unless revoked by the City, entitle the holder to conduct his or her
business within the City in compliance with this Chapter for the time
period prescribed therein.
B.
Registration
shall be made to the City Administrator on a form supplied by the
City. The registrant shall at a minimum provide the City with the
following information:
1.
Full name, phone number and address of the person seeking the license;
and
2.
The full name, phone number and address of the applicant's supervisor,
manager, employer, supplier, and/or other person to whom the applicant
is accountable; and
3.
The full legal name, phone number and address of the business or
entity with whom the applicant is associated; and
4.
The type of business in which the licensee will engage within the
City and for which the license is desired; and
5.
A general description of the thing or things to be sold, or copies
of literature to be distributed may be substituted for this description
at the option of the applicant; and
6.
The length of time for which the license is desired (not to exceed
six (6) months); and
7.
A statement as to whether or not the applicant has been convicted
of any crime within the last five (5) years, and if so, the nature
of the offense and the penalty imposed; and
8.
A statement by the applicant as to whether such a permit has been
denied or revoked by any other governmental entity, and if so, the
name of each governmental entity denying or revoking said permit,
the reason for each denial or revocation and the date of each denial
or revocation; and
9.
The place of residence of the applicant for the five (5) years immediately
preceding the date of the application; and
10.
All applicants shall provide proof of identification in the form
of any documentary evidence recognized by the Missouri Department
of Revenue when processing an application for a driver's license,
or any document issued by the Federal Government or State of the United
States that confirms a person's identity; and
11.
Where the solicitation or transient merchant activities involve sales
of food, a copy of a County Health Department permit may be requested
at a later time by the City Administrator in order to complete the
review process of the application; and
12.
In case of transient merchants, if a vehicle will be used in connection
with the transient merchant activity, the applicant shall provide:
a.
A copy of a valid driver's license and a copy of proof of insurance;
and
b.
Proof of vehicle registration and licensing for all vehicles to be
used in connection with the transient merchant activities; and
c.
The outdoor sales location(s), as defined in Section 620.020, where the business is to be carried on; and
d.
A description of the vehicle to be used, including:
(1)
The name and address of the owner of the vehicle as registered
with the Missouri Department of Revenue or other equivalent State
agency; and
(2)
A description of the vehicle giving the name of the manufacturer,
serial number, motor number and the name of the person and any other
insignia appearing thereon; and
(3)
The date of purchase of the vehicle and the name and address
of the person from whom acquired; and
(4)
If the applicant is not the owner, the interest of the applicant
in said vehicle; and
(5)
If any person, other than the applicant, has any interest whatsoever
in the vehicle, the name and address and interest of each such person.
13.
In case of a solicitor/peddler, such applicant shall also provide:
a.
The web address, where applicable, for the organization, person or
group where residents having subsequent questions or concerns can
go for more information; and
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's annual report of sales tax
payees as provided by the Missouri Department of Revenue.
14.
Any other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where the applicant engages or engaged in similar activities, etc.
C.
A registration
shall be required for all persons who will physically be undertaking
solicitation or transient merchant activities within the City. The
blank applications shall be issued on payment of thirty dollars ($30.00)
or such amount as may be set by the City Administrator from time to
time to cover administrative costs, which amount shall be credited
on the license fee if the license is granted. The City Administrator
shall not issue a license to any person who fails to fully complete
the registration form. Failure to supply the City with truthful information
shall be a violation of this Section and grounds to deny the license.
[Ord. No. 622 §1, 9-20-2010]
Due to the likelihood that a solicitor's/peddler's or transient
merchant's activities will involve the direct interaction with persons
under the age of eighteen (18), the City Administrator, upon receipt
of written application for issuance of a license, shall cause a due
and proper inquiry to be made into the character of all applicants.
The City Administrator shall not grant a license to any person who
has pleaded guilty or nolo contendere to, or been convicted of, violating
any of the provisions of Section 566.032, RSMo., statutory rape and
attempt to commit; or Section 566.067, RSMo., child molestation, first
degree; or Section 566.068, RSMo., child molestation, second degree;
or Section 566.083, RSMo., sexual misconduct involving a child; or
Section 566.086, RSMo., sexual contact with a student while on public
school property; or Section 566.151, RSMo., enticement of a child;
or Section 566.212, RSMo., sexual trafficking of a child; or Section
566.213, RSMo., sexual trafficking of a child under age twelve; or
Subsection 2 of Section 568.020, RSMo., incest; or Section 568.045,
RSMo., endangering the welfare of a child in the first degree; or
Subsection 2 of Section 568.080, RSMo., use of a child in a sexual
performance; or Section 568.090, RSMo., promoting a sexual performance
by a child; or Section 573.023, RSMo., sexual exploitation of a minor;
or Section 573.025, RSMo., promoting child pornography; or Section
573.035, RSMo., promoting child pornography in the second degree;
or Section 573.037, RSMo., possession of child pornography; or Section
573.040, RSMo., furnishing pornographic material to minors.
[Ord. No. 622 §1, 9-20-2010]
A license issued under the provisions of this Chapter shall
not authorize any person or persons, except the identical person(s)
named in said license, to engage in business thereunder, and such
license shall not be transferable. It shall be considered a violation
of this Chapter to allow another person, other than the person named
in the license, to use the license in any manner.
[Ord. No. 622 §1, 9-20-2010]
While engaging in solicitation or transient merchant activities
within the City, solicitors/peddlers or transient merchants must at
all times display on their person in an obvious and observable manner
a valid, current license issued by and on file with the City.
[Ord. No. 622 §1, 9-20-2010; Ord.
No. 691 §1, 9-15-2014]
A.
All persons, firms, corporations or other entities engaging in solicitation
shall be permitted to conduct such activities within the City only
between the hours of 10:00 A.M. and 5:00 P.M., Monday through Saturday.
B.
All persons, firms, corporations or other entities engaging in transient
merchant activity shall be permitted to conduct such activities within
the City between the hours of 7:00 A.M. and 8:00 P.M., Monday through
Sunday.
[Ord. No. 622 §1, 9-20-2010]
No person, firm, corporation or other entity engaged in solicitation,
canvassing or transient merchant activities shall fail or refuse to
leave any building, any enclosed or improved real estate, lot, parcel
of ground or any other private property in the City when requested
to leave by the owner or occupant.
[Ord. No. 622 §1, 9-20-2010]
A.
No
solicitor/peddler, canvasser or transient merchant shall:
1.
Enter upon any private property where the property has clearly posted
a sign or decal visible from the right-of-way (public or private)
indicating a prohibition against solicitation, canvassing and/or transient
merchant activities. Such sign or decal need not exceed one (1) square
foot in size and may contain words such as "No Soliciting" or "No
Solicitors"; and
2.
Remain upon any private property where a notice in the form of a
sign or decal, which contains the words "No Soliciting" or "No Solicitors",
is placed upon any door or entranceway leading into the residence
or dwelling through which guests would normally enter, and is visible;
and
3.
Use or attempt to use any entrance other than the front or main entrance
to the dwelling, including any designated path to that front door.
If the residence or dwelling does not have a front entrance or it
is obvious that the front entrance is not used, he/she shall use such
entrance as is most obviously used as a guest entrance, but he/she
shall not go from door to door in the residence in an attempt to avoid
a "No Solicitation" or "No Solicitors" sign or decal nor travel across
the grass, garden or yard area of a dwelling; and
4.
Remove any yard sign, door or entrance sign or decal that gives notice
to such person that the resident or occupant does not invite visitors;
and
5.
Misrepresent or make false, deceptive or misleading statements concerning
the quality, quantity or character of any service or goods offered
for sale, the purpose of his/her visit, his/her identity or the identity
of the organization he/she represents.
B.
In
addition to the other regulations contained herein, a solicitor/peddler,
canvasser or transient merchant leaving handbills or 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 City may remove any handbill or flyer found within the right-of-way;
and
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; and
C.
Transient merchants selling goods, wares, merchandise, personal property of any nature whatsoever or services at an outdoor sales location(s) described in Section 620.020, shall not vend on streets where the speed limit exceeds thirty (30) miles per hour.
D.
A transient
merchant utilizing a vehicle in a transient merchant activity shall
observe the following regulations:
1.
A transient merchant shall not drive in reverse in order to make
or attempt a sale and shall observe all traffic regulations; and
2.
A transient merchant shall not permit any person under sixteen (16)
years of age nor any unauthorized person to ride in or on the vehicle;
and
3.
A person shall not ride in or on a vehicle utilized in a transient
merchant activity unless employed by its owner or unless authorized
in writing to do so by the owner.
F.
The
prohibitions in this Section shall also not apply when a solicitor/peddler,
canvasser or transient merchant wishes to place an ad or the like
in any newspaper of general circulation in the City.
[Ord. No. 622 §1, 9-20-2010]
A.
Any
license issued under the provisions of this Chapter shall be subject
to revocation by the City Administrator upon satisfactory proof of
a violation of the provisions of this Chapter by such licensee, provided
however, that such licensee shall be given notice of such proposed
revocation and reasonable opportunity to appear before the City Administrator
at the hearing when such revocation is considered.
1.
Grounds for suspension or revocation. The grounds
for suspension or revocation of a license issued pursuant to this
Chapter shall include, but not be limited to, the following actions:
a.
The license held by the licensee was obtained through materially
false statements in the application for such license or renewal thereof;
or
b.
The licensee failed to make a complete disclosure of all pertinent
information in the application for such license or renewal thereof;
or
c.
The licensee, since the issuance of such license, has ceased to be
the person actually engaged in the activity for which the license
was issued; or
d.
Anything has occurred which would render the licensee or the licensed
premises ineligible or unsuitable for a license under the provisions
of this Chapter; or
e.
That such licensee is in violation of any Federal, State, County
or City law; or
f.
That the conduct of the business violates, or the licensed premises
or the licensee are in violation of, any provision of the City Code
or State law; or
g.
A license is 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; or
h.
A licensee has otherwise violated any of the provisions of this Chapter.
2.
Procedure.
a.
The City Administrator shall conduct a hearing to determine if any
license issued under authority of this Chapter should be suspended
or revoked.
b.
The licensee shall be given not less than five (5) days' written
notice prior to the hearing. The notice shall set out the reasons
for which the hearing is called and shall command the person holding
the license to be present at such hearing and show cause, if any,
why such license should not be suspended or revoked. Such notice shall
be served by mailing said notice to the licensee at the address given
in the application for the license hereunder. The City Administrator
shall render a final decision and report such decision to the licensee
within five (5) business days after the date of the hearing.
[Ord. No. 622 §1, 9-20-2010]
No license shall be valid for a period of more than six (6)
months.
[Ord. No. 622 §1, 9-20-2010]
Any person, firm, corporation or other entity violating any of the provisions of this Chapter shall be subject to the penalties prescribed under Section 100.140 of the Municipal Code of the City of Green Park.
