State Law References — License and regulation by cities,
RSMo. §94.270; license and tax, RSMo. §150.470 et seq.;
itinerant vendor's tax not applicable, RSMo. §150.380.
[CC 1971 §19-1; Ord. No. 798 §610.010, 5-4-1993]
For the purposes of this Chapter, the word "peddler" shall mean and include any person who shall go from house to house,
business to business, door to door or place to place within the City
selling or offering for sale any goods, wares, merchandise or services
of any description for instant or future delivery; and shall include
solicitors, hawkers, canvassers, itinerant merchants and transient
vendors of goods, wares, merchandise or any other articles or services
as such terms are commonly defined and construed.
[CC 1971 §19-2; Ord. No. 563 §1, 8-1-1967; Ord.
No. 798 §610.020, 5-4-1993]
The practice of going in and upon the premises of another in
the City by solicitors, peddlers, hawkers, itinerant merchants or
transient vendors of merchandise and services not having been requested
or invited so to do by the owner or occupant of said private premises
for the purpose of soliciting orders for the sale of goods, wares,
merchandise and services and/or disposing of and/or peddling or hawking
the same is declared to be a misdemeanor.
[CC 1971 §19-3; Ord. No. 563 §3, 8-1-1967]
The provisions of Section
610.020 shall not apply to the sale, or soliciting of orders for the sale, of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce grown or produced by the person selling the same.
[CC 1971 §19-4]
Any peddler or hawker of goods or merchandise who enters upon
premises owned or leased by another and wilfully refuses to leave
said premises after having been notified by the owner or possessor
of said premises, or his agent, to leave the same, shall be deemed
guilty of a misdemeanor.
[CC 1971 §19-5]
It shall be unlawful for any peddler to engage in the business
of peddling between the hours of one-half (½) hour before sunset
and 9:00 A.M. the following morning, or at any time on Sundays except
by specific appointment with or invitation from the prospective customer.
[CC 1971 §19-6; Ord. No. 798 §610.060, 5-4-1993]
All peddlers must comply with the provisions of this Chapter
at least forty-eight (48) hours prior to going in and upon any premises
within the City for the purpose of engaging in business as a peddler,
unless requested or invited to do so by the owner or occupant thereof.
[Ord. No. 1072 §1, 6-30-2010]
A. No
person shall sell any article or service to any person in a vehicle
which is on any street, alley or public way in the City of Rock Port,
Missouri.
B. No
person shall solicit contributions on behalf of any person, cause
or organization from any person in a vehicle which is on any street,
alley or public way in the City of Rock Port, Missouri.
C. No
person shall stand or enter upon a roadway for the purpose of soliciting
employment, business or charitable contributions from the occupant
of a motor vehicle.
D. If
proceeds from any such sale or solicitation shall be used and applied
to some locally approved charitable, religious or philanthropic purpose,
then such person(s) shall be exempt from this Section.
[CC 1971 §19-16]
It shall be unlawful for any person to engage in business as
a peddler within the City without first having applied for and obtained
a permit to do so from the City Clerk.
[CC 1971 §19-17]
A. Any
person desiring a permit to engage in business as a peddler within
the City shall make written application to the City, which such application
shall show and contain the following:
1. The name and address of the applicant;
2. The name and address of the person, if any, that the applicant represents;
3. The kind of goods or services offered for sale;
4. Whether the applicant, upon any sale or order, shall demand, accept,
or receive payment or deposit of money in advance of final delivery;
5. The period of time such applicant wishes to engage in such business
within the City;
6. Whether or not the applicant has every been convicted of a felony,
and if so, the complete circumstances thereof;
7. The last five (5) cities wherein the applicant has worked before
coming to the City.
[CC 1971 §19-18]
Before any permit shall be issued under the provisions of this Chapter, the applicant therefor shall pay to the City the fee set forth in Section
600.030.
[CC 1971 §19-19]
A. The
fee required by this Chapter shall not be required to be paid by the
following; provided however, that all other provisions of this Chapter
shall be held applicable to the following:
1. Ordinary commercial travelers who sell or exhibit for sale goods,
wares or merchandise to persons, firms or corporations engaged in
the business of buying, selling and dealing in the same.
2. Local vendors of farm produce, poultry, stock or agricultural products
in their natural state, which such products shall have been grown
or produced by such vendors.
3. Sale of goods, wares and merchandise donated by the owners thereof,
the proceeds of which are to be used and applied to some locally approved
charitable, religious or philanthropic purpose.
[CC 1971 §19-20; Ord. No. 798 §610.110, 5-4-1993]
No permit shall be issued under the provisions of this Chapter
until the applicant shall have had his application approved by the
Board of Aldermen of this City with direction issued to the Clerk
to issue a license.
[CC 1971 §19-21]
Each permit issued under the provisions of this Chapter shall
be signed by the City Clerk, shall be dated as of the date of its
issuance, and shall state the duration or term of such permit on the
face thereof. Any permit not dated and signed as herein required,
or which was issued in violation of this Section, shall be void.
[CC 1971 §19-22]
Every permit issued under the provisions of this Chapter shall
be valid for the period of time stated therein.
[CC 1971 §19-23]
Every permittee under the provisions of this Chapter and doing
business within the City shall display his permit upon the request
of any person, and failure so to display such license shall be deemed
a misdemeanor.
[CC 1971 §19-24]
Any permit issued under the provisions of this Chapter may be
revoked for the violation by the permittee of any applicable provision
of this Code, State law or City ordinance, rule or regulation.
[Ord. No. 766 §19-25, 12-20-1988]
Every applicant under provisions of this Chapter shall submit
his applications to the Board of Aldermen of Rock Port, Missouri,
and the Board of Aldermen shall determine whether to issue the Peddlers
License and whether the application shall be required to submit a
surety bond and the amount of the said bond.
[Ord. No. 766 §19-16, 12-20-1988]
Failure to comply with the requirements of this Chapter shall be deemed a Class C misdemeanor with punishment as provided by Sections
240.180 and 240.190.