[CC 1984 §52.010]
A.
This
Chapter is designed to:
1.
Prevent undue annoyance of City residents by peddlers and solicitors,
2.
Maximize the First Amendment rights of peddlers and solicitors, as
well as the rights of City residents to be secure in their homes,
3.
Reduce the opportunity for crime within the City,
4.
Attempt to provide some assurance to residents of the City that peddlers
and solicitors are not burglars and criminals in disguise, and
5.
Attempt to increase the physical safety of peddlers and solicitors
who go from place to place within the City.
[CC 1984 §52.020]
For the purpose of this Chapter there shall be no difference
to the rights, privileges and duties required of peddlers and solicitors,
except that peddlers shall be required to pay a fee for the identification
card hereinafter required.
One who, for profit to himself/herself or his/her principal,
sells any goods or service, or seeks a donation for any cause of a
profit-making or commercial character.
One who solicits for a charitable, political or religious
purpose, even if incidental for such purpose there is the sale of
some goods or service.
[CC 1984 §52.030]
A.
It
shall be presumed that an individual is a peddler rather than a solicitor.
This presumption may be overcome by:
1.
A showing that donations to the organization for which one wishes
to solicit is exempt from Federal income taxation under Section 503
of the Internal Revenue Code.
2.
A showing that the organization for which one wishes to solicit is
an organization whose primary purpose is to influence public policy.
[CC 1984 §52.040]
No person shall engage in any act as a peddler or solicitor
without first obtaining an identification card in accordance with
the provisions herein. Any person who does so shall be guilty of a
misdemeanor.
[CC 1984 §52.050]
A.
Any
person desiring a peddler's identification card shall pay a fee of
twenty-five dollars ($25.00) per year per card. (A statement on the
back of the card shall state that they must check in with the Chief
of Police each time before selling.)
B.
There
shall be no fee for a solicitor's identification card.
[CC 1984 §52.060]
Any person or organization (formal or informal) may apply for
one (1) or more identification cards by completing an application
form at the office of the City Clerk.
[CC 1984 §52.070]
A.
The
applicant shall provide the following information:
1.
Name of applicant.
2.
The number of identification cards required.
3.
A statement as to the type of cards requested.
4.
If one (1) or more solicitor's cards is requested, information required to overcome the presumption of Section 610.030 of this Chapter.
5.
If one (1) or more peddler's cards is requested, the fee for each card as provided in Section 610.050 of this Chapter.
6.
The name and physical description (or in lieu thereof a photograph)
of each person for which a card is requested. (The Chief of Police
is directed to obtain an instant photographic camera, and to offer
to any applicant to take photographs for which a reasonable fee not
to exceed two dollars ($2.00) shall be charged. Instead of providing
the physical description, or photograph, the applicant may exhibit
a valid driver's license or similar identification for each person
for whom a card is requested, and a photocopy of said identification
shall be attached to said application.)
7.
The permanent and (if any) local address of the applicant.
8.
The permanent and (if any) local address of each person for whom
a card is requested.
9.
A brief description of the proposed activity subject to this identification
card requirement.
10.
A statement as to whether or not the applicant has been convicted
of any crime, and if so, the nature of the offense and the penalty
imposed.
11.
A statement as to each person for whom a card is requested as to
whether that individual has been convicted of any crime, and if so,
the nature of the offense and the penalty imposed.
12.
The motor vehicle make, model, year, color and registration number
of any vehicle which shall be used in the proposed activity.
13.
The permanent name and address of the organization or person (with
respect to a solicitor's card) who can provide a prospective donor
with more information about the charity for which funds are solicited,
and from whom information can be obtained as to the disposition of
all funds collected, or (with respect to a peddler's card) of the
individual organization to whom complaints can be made for defective
merchandise, who is responsible for any breach of warranty, and from
whom additional merchandise can be ordered.
14.
Name and address of person or organization which is intended to receive
donations or profits.
15.
Any other information the applicant wished to provide.
[CC 1984 §52.080]
A.
No
person shall be issued a peddler's identification card unless, in
addition to the requirements of the preceding Section:
1.
He/she demonstrates that he/she (or in the case of an agent, his/her
principal) has a valid retail sales license issued by the State Director
of Revenue as required by Section 144.083, RSMo.
2.
He/she, or his/her principal, deposits with the City Clerk a bond
in the amount of one hundred dollars ($100.00) (cash or surety) per
card to secure collection and payment to the State Department of Revenue
all of City sales taxes due and payable by reason of sales made within
this City. Said bond shall be forfeited to the City, if applicant
does not (within ninety (90) days of the expiration or surrender of
his/her peddler's card) demonstrate by affidavit or otherwise that
said sales taxes have been paid.
[CC 1984 §52.090]
A.
Three
(3) working days after the application, or sooner if reasonably possible,
the requested identification cards shall be issued, unless:
1.
The application is incomplete (in which case the City Clerk will
reject the application at the time of its tender or within fifteen
(15) minutes thereafter).
2.
The required fee (if any) has not been paid.
3.
The applicant has been convicted of a felony.
4.
With respect to a particular card, if the individual for whom a card
is requested has been convicted of a felony.
5.
If any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
6.
If the applicant, or if the particular individual for whom an identification
card is requested, has had a previous identification card revoked.
7.
If the applicant, or if a particular individual for whom an identification
card is requested, has made any false statement regarding the peddling
of merchandise or the solicitation of persons under this Chapter of
any other municipality.
[CC 1984 §52.100]
During the period of time following the application for issuance of one (1) or more identification cards and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification card as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time. If the Chief of Police has not completed his/her investigation within the working days that are provided in Section 610.090, the identification card will nonetheless be issued.
[CC 1984 §52.110]
If the City Clerk denies the identification card to one (1)
or more persons he/she shall prepare promptly (and in no event later
than two (2) working days after the denial) a written report of the
reason for his/her denial which shall immediately be made available
to the applicant. The applicant shall be entitled to correct in writing
any deficiencies so noted in the report, which corrections or changes
when filed shall be treated as a new application.
[CC 1984 §52.120]
A.
If
an identification card is denied to an applicant, the applicant shall
have the option of an immediate hearing in front of any of three (3)
tribunals at the applicant's option. At such a hearing the City Attorney
on behalf of the City Collector shall be required to demonstrate by
the preponderance of the evidence that the applicant is not entitled
to an identification card under this Chapter. The applicant may choose
to take his/her case before any of the following tribunals:
1.
The Board of Aldermen, at its next regular meeting, or if the next
regular meeting is more than ten (10) days from the denial of the
identification card, at a special meeting to be held within that ten
(10) day period,
2.
Before the Municipal Court of the City, provided that such a hearing
will be scheduled within ten (10) days of the request, or
3.
Before the Circuit Court of Newton County within the regularly scheduled
procedures of the Circuit Court.
[CC 1984 §52.130]
If the applicant requests a hearing under Sections 610.120(1)
and (2), the said hearing shall be held in accordance with the Administrative
Procedure Act of the State of Missouri, and review from the decision
shall be had to the Circuit Court of Newton County, Missouri, on the
record. Should applicant decide to forego the administrative hearings,
the remedy will be an injunction of declaratory judgment action against
the City.
[CC 1984 §52.140]
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) worn on the outer
clothing of the peddler or solicitor, so as to be reasonably visible
to any person who might be approached by said peddler or solicitor.
[CC 1984 §52.150]
An identification card should be valid within the meaning of
this Chapter for a period of six (6) months from its date of issuance;
thereafter, it shall expire. An applicant with an expired identification
card shall be considered as having no identification card whatsoever
and will be required to apply for a new card if he/she wishes to peddle
or solicit within the City.
[CC 1984 §52.160]
A.
Any
identification card granted hereunder may be revoked by the Municipal
Court after the filing of information by the City Attorney and a hearing
thereon for any of the following causes:
1.
Any violation of this Chapter by applicant or the person for whom
the particular card was issued.
2.
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
3.
Conviction of a felony.
4.
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.
[CC 1984 §52.170]
A.
No
person having a solicitor or peddler identification card shall:
1.
Enter or remain on private property where he/she has reason to believe
that the residents thereof have indicated the solicitor or peddler
is not welcome.
2.
Make an uninvited entry into a resident's home.
3.
Refuse to discontinue his/her message when requested by a hearer
to do so, when on private property occupied by the hearer.
4.
Enter upon any private property, knowing or having reason to believe
that the owner or occupants do not desire to receive messages from
any solicitor or peddler, either by a posted sign or otherwise.
[CC 1984 §52.180]
Any resident of the City may list his/her property with the
City Clerk, and direct that his/her property is not to be entered
by any solicitor or peddler. This list shall be available for public
inspection. Upon the issuance of any solicitor or peddler's license,
a copy of the list shall be provided with each card. No card holder
may enter the private property nor contact any person so listed. (Such
listing shall continue for two (2) years, unless listee requests sooner
removal, at which time the listing shall be removed, unless the listee
shall request the same be continued an additional two (2) years.)
[CC 1984 §52.190]
No person shall solicit or peddle within the corporate limits
of this City except within the time limits prescribed in this Section:
From 9:00 A.M. until 6:00 P.M., Monday through Friday, and from 10:00
A.M. until 5:00 P.M. on Saturday. There will be no peddling or soliciting
within the limits of the City of Seneca on Sunday.
[CC 1984 §52.210]
Whenever in this Chapter or any other ordinance of the City,
or in any rule, regulation, notice or order promulgated by any officer
or agency of the City under authority duly vested in him/her or it,
any act is prohibited or is declared to be unlawful or an offense
or misdemeanor or the doing of any act is required or the failure
to do any act is declared to be unlawful or an offense or a misdemeanor,
and no specific penalty is provided for the violation thereof, upon
conviction of a violation of any such provision of this Chapter or
of any ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding ninety
(90) days, or by both such fine and imprisonment; provided, that in
any case wherein the penalty for an offense is fixed by a Statute
of the State the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonments may be in the City Prison
or Workhouse instead of the County Jail.
[CC 1984 §52.230]
Every day any violation of this Chapter or of any other ordinance
or any such rule, regulation, notice or order shall continue shall
constitute a separate offense.
