City of Kennett, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 1895 §2, 5-3-1983]
It shall be unlawful for any person, firm, or corporation to engage in the business of "transient dealer" as hereinafter defined without having first secured a license therefor and complied with all of the terms and provisions of this Article.
[Ord. No. 1895 §3, 5-3-1983]
A. 
The words "transient dealers" for the purpose of this Section shall mean and include all persons, both principals and agents, who engage or conduct in this City either in one (1) locality or in traveling from place to place, a temporary or transient business of selling or soliciting orders for the sale of, goods, wares, or merchandise to the general public with the intention of continuing in said business in said City for a period of not more than sixty (60) days; and, said definition shall also include all persons, both principals and agents, who rent, lease, use or occupy, either in whole or in part, for the purpose of carrying on such business, any room, building, area within the City of Kennett or other public or privately-owned building, lot or parcel of land, any motor vehicle including trucks, trailers, and semi-trailers for the exhibition and sale of such goods, wares and merchandise, but the provisions of this Section shall not apply to sales of food or agricultural produce; and the provisions of this Section shall not apply to so-called "flea markets" and sales of novelties otherwise licensed by the City of Kennett pursuant to ordinance and where stock or anticipated sales are valued or anticipated at two thousand dollars ($2,000.00) or less, or to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares, or merchandise for future delivery in interstate commerce, where either no measurements or design specifications are made or prepared in the City, or where no payment or deposit is collected in the City as a condition for the placement of orders, or where no license or license fee may be required or collected under the provisions of the Constitution or laws of the United States, nor to any sales of goods, wares, or merchandise located upon the grounds of and during the continuance of any county fair held in the City of Kennett, and specifically including all persons selling on the fair grounds in Kennett, Missouri, during the Delta Fair, nor any sales by societies or organizations acting for charities, religious or public purposes.
B. 
This Article shall apply to "peddlers" who shall be defined as any person, firm or corporation who shall sell or offer for sale commodities from house to house, store to store, or on the streets of this City or in any public place, and delivery is to be made at the time of sale; and the provisions hereof shall apply to "solicitors" who are defined to be any person, firm, or corporation who shall take orders for future deliveries, or for intangible purchases, or solicit subscriptions, in public places or from house to house and in some established place on private premises owned or leased by such solicitor. This Article shall not apply to wholesalers who shall sell or offer to sell their products or services to retail dealers located within the corporate limits of Kennett, Missouri.
[Ord. No. 1895 §4, 5-3-1983]
A. 
Every such transient dealer shall furnish to the City Collector a verified license application setting out the following:
1. 
Name and address of the applicant and also the name of the true owner if the applicant is not such true owner of the goods, wares or merchandise to be sold;
2. 
Name, location, and time of the proposed sale or solicitation;
3. 
Inventory of the goods, wares or merchandise, on hand and on order, which the applicant intends to offer for sale at such sale. The inventory shall show the quantity, kind or grade of each items, the wholesale cost thereof, the price at which each item is proposed to be sold, and the total wholesale and retail value of the inventory based on the foregoing, and if sales are to be made other than from inventory, a copy of the catalogue or other sales materials, and/or a listing of the samples to be displayed;
4. 
The Missouri Sales Tax number of said applicant, unless such may not be required under the laws of the State of Missouri;
5. 
Such other information as the City Clerk may prescribe in the application;
6. 
Address of any permanent place of business in the State of Missouri, or, if there be no permanent place of business in the State of Missouri, and said applicant is a corporation, a copy of a certificate of the Secretary of the State of Missouri evidencing the fact that the dealer has qualified to do business in the State of Missouri, and the name and address of its agent for the service of process in the State.
[Ord. No. 1895 §5, 5-3-1983]
The fee for issuance of sixty (60) day transient dealers license shall be one hundred dollars ($100.00). Said fee shall be non-refundable regardless of how many days that licensee may make sales or otherwise use said license. An additional one hundred dollars ($100.00) fee shall be charged for each sixty (60) day renewal of license hereunder. Since transient dealers can qualify hereunder for a period of no more than sixty (60) days, no more than three (3) transient dealer licenses may be issued under this Article to the same person, firm or organization during one (1) calendar year.
[Ord. No. 1895 §6, 5-3-1983]
Every applicant for a transient dealers license who shall be a non-resident of the State of Missouri and who shall not have any permanent place of business in the State of Missouri shall execute and file with the City Clerk a good and sufficient surety bond in the sum of one thousand dollars ($1,000.00) with the surety thereon being a surety company authorized to do business in the State of Missouri, and approved by the City Clerk, and said bond shall be payable to the City of Kennett, Missouri, or to any resident thereof to the extent that any taxes or fines may be due and not paid to said City or the State of Missouri and for the use and benefit of any resident of said City who may be entitled to recover damages from such transient dealer for his/her activity within this City, and said bond shall be conditioned upon a faithful application and performance of all of the conditions of this Article and the payment of the City, County, and State license, sales, use, income, or occupational license taxes due by licensee hereunder. Said bond shall also provide that it shall continue in effect for six (6) months after the termination of any sale made under said license and until all pending actions are concluded and any judgments entered have been paid and fully satisfied, or the amount of the bond exhausted by such payments. In lieu of said bond, applicant may deposit the sum of five hundred dollars ($500.00) with the City Collector, to be held under the same conditions as the requirements upon the surety bond aforesaid, which sum shall be retained for a period of six (6) months for the same purposes as in said bond provided, and which then shall be refunded to said licensee at his/her address as set forth upon his/her application, or at any change of said address as thereafter provided to the City Collector, unless said funds are otherwise expended as herein provided.
[Ord. No. 1895 §7, 5-3-1983]
All transient dealers shall make a verified report of all sales made during the term of any license granted hereunder, said report being filed with the office of City Collector not later than fifteen (15) days after the expiration of said license.
[Ord. No. 1895 §8, 5-3-1983]
No sales of goods, wares, or merchandise shall be made on a Sunday by a transient dealer licensed hereunder unless otherwise permitted by law.
[Ord. No. 2731 §1, 4-19-2005]
No peddler, huckster, hawker, vendor, merchant or any person soliciting contributions shall conduct that activity in the public streets, intersections or medians, nor shall such person have a stationary location or operate in any congested area where his operations might impede or inconvenience the public. This Section shall not apply to the commercial selling of newspapers on sidewalks.
[Ord. No. 1895 §9, 5-3-1983]
It shall be unlawful for any transient dealer to sell or exhibit for sale either at public or private sale any goods, wares or merchandise without first complying with the provisions of this Article, or to make any false statements in reference to the matter required in Section 615.030 and Section 615.060 above, or to fail or refuse to comply with the requirements of any of the provisions of this Article, and every person, whether principal or agent, who by circular, handbill, newspaper, poster, or in any manner advertises such sale as herein contemplated before proper license is issued to said transient dealer and before he/she has complied with the provisions of this Section, shall be guilty of a violation of this Section. Any person, firm or corporation who shall be convicted for violation of this Article may be sentenced to confinement for a term not exceeding thirty (30) days or fined in the amount not exceeding five hundred dollars ($500.00), or by both such confinement or fine, and each day's violation hereof shall constitute a separate offense under the terms of this Article. Provided further, that nothing in this Section contained shall be construed as abridging or denying the right and power of the Council of the City of Kennett to refuse or withhold the granting of any license or to revoke the same, if granted, to a transient dealer upon any hearing thereof when in the discretion of said Council on the basis of the disclosures as aforesaid, or from other information deemed by them sufficient, such action may be deemed necessary or proper to protect or safeguard the public from imposition, mischief or fraud.
[Ord. No. 1844 §1, 9-1-1981]
The term "transient" or "itinerant" photography or photographer shall mean a person, firm or corporation engaged in the business, occupation or profession of portrait or commercial photography who does not have in effect a current merchants' license for such endeavor issued by the City of Kennett and who shall not maintain an established and permanent location for such business, occupation or profession within the corporate limits of said City.
[Ord. No. 1844 §2, 9-1-1981]
The license fee for any person, firm or corporation engaged in such occupation of transient or itinerant portrait or commercial photography within the corporate limits of the City of Kennett, Missouri, shall be fifty dollars ($50.00) per annum or any fraction thereof.
[Ord. No. 1844 §3, 9-1-1981]
Before said Clerk shall issue any license to any person, firm or corporation proposing to engage in the business, occupation or profession of transient or itinerant portrait or commercial photography, or in the enlarging, copying, coloring or portrait finishing of photographs, such applicant person, firm or corporation shall execute an indemnity bond in the amount of five hundred dollars ($500.00) to the City of Kennett for the use and benefit of the patrons of said person, firm or corporation who are residents of Kennett, and which bond shall be approved by the Clerk of the City of Kennett as to form and security. Said bond shall have as surety either a regularly licensed corporate surety company or a resident and real property owner of Dunklin County, Missouri, who shall be worth at least the sum of one thousand dollars ($1,000.00) above his/her debts and exemptions in property subject to execution and sale, and who shall make an affidavit to that effect before signing as surety. In lieu of surety, five hundred dollars ($500.00) in cash may be deposited with the City Clerk of the City of Kennett, to be returned without interest by the Clerk to the applicant within thirty (30) days after the end of the license period or any renewal period thereof should such license be renewed. The applicant shall further appoint the City Clerk of the City of Kennett as his/her process agent in all matters connected with or arising out of said applicant's business, occupation or profession of portrait finishing of photographs, or the solicitation or offering for sale thereof, whether by the applicant or by his/her agents, subcontractors or employees in the City of Kennett, before obtaining such license. It shall be the duty of the Clerk immediately to advise the applicant by registered mail, addressed to said applicant at his/her place of business at the address furnished in the indemnity bond, of the nature and pendency of any action brought against said applicant wherein process is served on the said Clerk.
[Ord. No. 1844 §4, 9-1-1981]
Any person, firm or corporation violating any of the terms or provisions of this Article shall be fined not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00) for each such offense, and each day's violation of this Article shall be considered a separate offense.