[R.O. 2008 §620.010; Ord. No. 6837 §§1 — 2, 6-26-2006]
It shall be unlawful for any canvasser or solicitor, peddler
or itinerant merchant to engage in such businesses within the corporate
limits of the City without first obtaining a permit and license therefor
in compliance with the provisions of this Chapter. Any person, firm,
entity or corporation, association, club or society which is determined
to be non-profit in nature is not required to adhere to the provisions
outlined in this Chapter.
[R.O. 2008 §620.020; Ord. No. 6837 §§1 — 2, 6-26-2006]
For the purpose of this Chapter, the following terms shall have
the meanings designated herein:
Any individual traveling by foot, motor vehicle or any other
type of conveyance, taking or attempting to take orders for sale of
goods, wares or merchandise, personal property of any nature whatsoever
for future delivery or for services to be furnished or performed in
the future. This definition shall include any person who, for himself
or for another person, firm or corporation, hires, leases, uses or
occupies any building, structure, tent, boat or any other place within
the City for the purpose of exhibition of samples and taking orders
for future delivery.
Any person, firm, entity or corporation, whether as owner,
agent, consignee or employee, who engages in a temporary business
of selling and delivering goods, wares or merchandise within the City
and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, tent, boat or any street,
alley or other place within the City for the exhibition or sale of
such goods, wares or merchandise, either privately or at public auction.
The person, firm, entity or corporation 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 business in connection with, as a part
of or in the name of any local dealer, trader, merchant or auctioneer.
Any person traveling by foot, motor vehicle or any other
type of conveyance from place to place, carrying, conveying or transporting
goods, wares or merchandise, offering and exposing the same for sale
or making sales and delivering articles to purchasers or who, without
traveling from place to place, shall sell or offer the same for sale
from a wagon, motor vehicle or other vehicle or conveyance.
[R.O. 2008 §620.030; Ord. No. 6837 §§1 — 2, 6-26-2006]
A.
Applicants
for permit and license under this Chapter must file with the City
Clerk a sworn application in writing on a form to be furnished by
the City, which shall require the following information:
1.
Name and description of the applicant, including all aliases, Social
Security number, driver's license number with State and date of birth.
2.
Permanent home address and full local address of the applicant.
3.
A brief description of the nature of the business and the goods,
wares or merchandise to be sold.
4.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
5.
The length of time and dates for which the right to do business is
desired.
6.
The place where the goods, wares, merchandise or property proposed
to be sold, or orders taken for the sale thereof, are manufactured
or produced, where such goods or products are located at the time
said application is filed and the proposed method of delivery.
7.
The sales tax number on which the City sales tax will be reported.
8.
A photograph of the applicant taken within sixty (60) days immediately
prior to the date of filing the application, which picture shall be
two (2) inches by two (2) inches showing the head and shoulders of
the applicant in a clear and distinguishable manner.
9.
A statement as to whether or not the applicant has been found guilty
of, pled guilty to or been convicted of any crime or any violation
of any municipal ordinance including the nature of the offense, the
location of the conviction or plea of guilty, including court and
dates and the punishment or penalty assessed therefor.
10.
When the proposed operation includes the sale of food products, including
items prepared, cooked or assembled on site, a statement of approval
from the local office of the Missouri Department of Health acknowledging
that the individual's display and food preparation location and setup
has been approved.
[R.O. 2008 §620.040; Ord. No. 6837 §§1 — 2, 6-26-2006]
A.
Upon
receipt of such application, a copy shall be referred to the Director
of the Public Safety Department.
B.
The
Director shall supervise an immediate, thorough investigation of the
application received and the character, background, associates and
prior criminal history of the applicant. The suitability of the location
and surrounding conditions of the proposed premises shall also be
investigated. The Director shall report to the City Clerk on the results
of the investigation.
C.
The
Director shall furnish to the City Clerk all pertinent information
as described above.
D.
If,
as a result of such investigation, the character and business responsibility
of the applicant are found to be satisfactory, the Director of Public
Safety shall endorse on the application his/her approval and return
said application to the City Clerk who upon payment for the prescribed
fee and the determination that the applicant meets and has complied
with the condition of this Chapter and meets the requirements therein
shall deliver to the applicant his/her permit and issue a license.
Such license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of the licensee, the
kind of goods to be sold thereunder, the amount of fee paid, the date
of issuance and the length of time the same shall be valid, as well
as the license number and other identifying description of any vehicle
used in such soliciting or canvassing.
E.
If
the result of the investigation is not satisfactory or the applicant
has not complied with the conditions of this Chapter or does not meet
the requirements herein, the application shall be denied.
F.
The
City Clerk shall keep a permanent record of all licenses issued.
[R.O. 2008 §620.050; Ord. No. 6837 §§1 — 2, 6-26-2006]
The license fee which shall be charged by the City Clerk for
such license shall be fifty dollars ($50.00) per year or any part
thereof.
[R.O. 2008 §620.060; Ord. No. 6837 §§1 — 2, 6-26-2006]
All licenses issued and obtained in compliance with this Chapter
shall at all times be placed in an open and conspicuous location within
the premises or area being operated thereunder and shall be produced
upon request.
[R.O. 2008 §620.070; Ord. No. 6837 §§1 — 2, 6-26-2006]
Any public safety officer of the City or any Law Enforcement
Officer is authorized to require any person seen soliciting or canvassing,
and who is not known by such officer to be duly licensed, to produce
his/her license and to enforce the provisions of this Chapter against
any person found to be violating the same.
[R.O. 2008 §620.080; Ord. No. 6837 §§1 — 2, 6-26-2006]
The Director of Public Safety shall report to the City Clerk
all convictions for violation of this Chapter and the City Clerk shall
maintain a record for each license issued and record the reports of
violation therein.
[R.O. 2008 §620.090; Ord. No. 6837 §§1 — 2, 6-26-2006]
A.
Permits
and licenses issued under the provisions of this Chapter may be revoked
by the City Council after notice and hearing for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license;
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his/her business as solicitor, canvasser, peddler or itinerant
merchant;
3.
Any violation of this Chapter;
4.
Conviction of any crime or ordinance violation involving moral turpitude;
or
5.
Conducting the business of soliciting 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;
6.
Violations of any provisions of this Chapter;
7.
The occurrence of any act or instance which would render the licensed
premises ineligible or unsuitable for a license under the provisions
of this Chapter;
8.
The determination that the licensee failed to make a full and complete
disclosure of all pertinent information in the application for such
license.
B.
Notice
of the hearing for revocation of a license shall be given in writing
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at his/her last known address at least five (5) days
prior to the date set for hearing.
[R.O. 2008 §620.100; Ord. No. 6837 §§1 — 2, 6-26-2006]
Any person aggrieved by the action of the Director of Public Safety or the City Clerk in the denial of a permit or license as provided in this Chapter shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council, 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 Council 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 615.090(B) of this Chapter for notice of hearing on revocation.
[R.O. 2008 §620.110; Ord. No. 6837 §§1 — 2, 6-26-2006]
All annual licenses issued under the provisions of this Chapter
shall expire on the thirty-first (31st) day of December in the year
when issued; if a license is issued for a duration ending prior to
December thirty-first (31st) of the year in which it is issued, renewal
of the license for additional terms may be made upon filing of application
as set forth herein.
