As used in this Chapter, the following words have the meaning
indicated:
A person who 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.
A person who 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 sell a
good or service. A "peddler" does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor".
A person who 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 obtain a donation to a particular patriotic, philanthropic,
social, service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service, or
Distributing a handbill or flyer advertising a commercial event
or service.
This Chapter shall not apply to a Federal, State or local government
employee or a public utility employee in the performance of his/her
duty for his/her employer.
No person shall act as a peddler or as a solicitor within the
City without first obtaining an identification card in accordance
with this Chapter. A canvasser is not required to have an identification
card but any canvasser wanting an identification card for the purpose
of reassuring City residents of the canvasser's good faith shall be
issued one upon request.
[R.O. 2006 §605.050; CC 1986 §54.050; Ord. No. 1289, 12-31-2001]
A.
The
fee for the issuance of each identification card shall be:
1.
For a peddler acting on behalf of a merchant otherwise licensed to
do business within the City: No fee.
2.
For a peddler acting on behalf of a merchant not otherwise licensed
to do business within the City: A fee of seventy-five dollars ($75.00)
per day.
3.
For a solicitor, including a commercial solicitor advertising an
event, activity, good or service for purchase at a location away from
the residence: no fee.
4.
For a canvasser requesting an identification card: no fee.
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 issuing officer during regular office hours.
A.
The
applicant, person or organization shall provide the following information:
1.
Name of applicant.
2.
Number of identification cards required.
3.
The name, physical description and photograph of each person for
which a card is requested. In lieu of this information, a driver's
license, State identification card, passport or other government-issued
identification card issued by a government within the United States
containing this information may be provided and a photocopy taken.
4.
The permanent and, if any, local address of the applicant.
5.
The permanent and, if any, local address of each person for whom
a card is requested.
6.
A brief description of the proposed activity related to this identification
card. Copies of literature to be distributed may be substituted for
this description at the option of the applicant.
7.
Date and place of birth for each person for whom a card is requested
and, if available, the Social Security number of such person.
8.
A list of all infraction, offense, misdemeanor and felony convictions
of each person for whom a card is requested for the seven (7) years
immediately prior to the application.
9.
The motor vehicle make, model, year, color and State license plate
number of any vehicle which will be used by each person for whom a
card is requested.
10.
If a card is requested for a peddler:
a.
The name and permanent address of the business offering the event,
activity, good or service, i.e., the peddler's principal.
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.
c.
The location where books and records are kept of sales which occur
within the City and which are available for City inspection to determine
that all City sales taxes have been paid.
11.
If a card is requested for a solicitor:
12.
Any other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where similar activities have occurred, etc.
A.
The
identification card(s) shall be issued promptly after application
but in all cases within sixteen (16) business hours of completion
of an application, unless it is determined within that time that:
1.
The applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven (7) years,
2.
With respect to a particular card, the individual for whom a card
is requested has been convicted of any felony or a misdemeanor involving
moral turpitude within the past seven (7) years, or
3.
Any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the sixteen (16) business hours provided in Section 610.070, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.
Instead of the application procedure above, if an applicant
produces identification cards issued by another City having an ordinance
substantially the same as this one, the issuing officer may in his/her
discretion immediately issue identification cards without the necessity
of a formal application or investigation.
If the issuing officer denies, or upon completion of an investigation
revokes, the identification card to one (1) or more persons, he/she
shall immediately convey the decision to the applicant orally and
shall within sixteen (16) working hours after the denial prepare a
written report of the reason for the denial which shall be immediately
made available to the applicant. Upon receipt of the oral notification
and even before the preparation of the written report, the applicant
shall have at his/her option an appeal of the denial of his/her application
before the Municipal Court of the City.
If the applicant requests a hearing under Section 610.100, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri open meetings and records law.
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 individual as so to be reasonably visible to any person
who might be approached by said person.
An identification card shall be valid within the meaning of
this Chapter for a period of six (6) months from its date of issuance
or the term requested, whichever is less.
A.
In
addition to the administrative revocation of an identification card,
a card may be revoked for any of the following reasons:
1.
Any violation of this Chapter by the applicant or by 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 any felony or a misdemeanor involving moral turpitude
within the last seven (7) years.
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.
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The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 610.100 above.
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A.
In
addition to the other regulations contained herein, a solicitor or
canvasser leaving handbills or commercial 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 Police are authorized to remove any handbill or flyer found within
the right-of-way.
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.
3.
No handbill or flyer shall be left at or attached to any of the property:
a.
Having a "no solicitor" sign of the type described in Section 610.160(1)
and (2).
4.
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing an
identification card or other form of identification). This is for
the purpose of knowing the likely identity of the perpetrator if the
City receives a complaint of damage caused to private property during
the distribution of handbills or flyers.
A.
No
peddler, solicitor or canvasser shall:
1.
Enter upon any private property where the property has clearly posted
in the front yard a sign visible from the right-of-way (public or
private) indicating a prohibition against peddling, soliciting and/or
canvassing. Such sign need not exceed one (1) square foot in size
and may contain words such as "no soliciting" or "no solicitors" in
letters of at least two (2) inches in height. The phrase "no soliciting"
or "no solicitors" shall also prohibit peddlers and canvassers.
2.
Remain upon any private property where a notice in the form of a
sign or sticker is placed upon any door or entrance way leading into
the residence or dwelling at which guests would normally enter, which
sign contains the words "no soliciting" or "no solicitors" and which
is clearly visible to the peddler, solicitor or canvasser.
3.
Use or attempt to use any entrance other than the front or main entrance
to the dwelling, or step from the sidewalk or indicated walkway (where
one exists) leading from the right-of-way to the front or main entrance,
except by express invitation of the resident or occupant of the property.
4.
Remove any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
5.
Enter upon the property of another except between the hours of 9:00
A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00
A.M. and 9:30 P.M. in the hours of Central Daylight Time.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvassers has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
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Any person violating any part of this Chapter shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the City. The penalty for such violation shall
be the same as for any other trespass.
