[Ord. No. 9106, 11-29-2001]
It shall be unlawful for any itinerant merchant, peddler or
solicitor, as defined herein, to engage in such business within the
corporate limits of the City of Kirkwood without first obtaining a
license therefor in compliance with the provisions contained herein.
[Ord. No. 9106, 11-29-2001]
(a) An "itinerant merchant, peddler or solicitor" is defined as any person,
firm or corporation, whether resident of the City of Kirkwood or not,
traveling either by foot, automobile, motor truck, or any other type
of conveyance from place to place, from house to house, or from street
to street, taking or attempting to take orders for sale of goods,
wares and merchandise, personal property of any nature whatsoever
and/or in the immediate sale of goods, wares and merchandise, personal
property of any nature whatsoever, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not.
(b) All recognized charitable organizations or any other bona fide, nonprofit,
charitable, educational, political, social welfare or religious organization
shall be exempt from the terms of this division.
[Ord. No. 9106, 11-29-2001]
Applicants for a license must file with the Director of Finance
a sworn application in writing on a form to be furnished by the Director
of Finance, which shall give the following information:
(a) The name and address of the applicant, including the business address
and home and business telephone numbers;
(b) Tax identification number of the applicant;
(c) If a corporation, the name of the registered agent and office and
names of all directors and officers of said corporation;
(d) A description of the type of business proposed to be conducted and
goods to be sold;
(e) The name and tax identification number for the company or companies
that the applicant is representing, if any;
(f) The length of time the applicant proposes to conduct the business
within the City;
(g) A statement as to whether or not the applicant has been convicted
of any crime (felony), the nature of the offense and the punishment
or penalty therefor.
[Ord. No. 9106, 11-29-2001]
(a) Upon receipt of such application, the original shall be referred
to the Chief Administrative Officer or designee, who shall verify
the information contained in the application, contact the Better Business
Bureau and the Attorney General's Office to ascertain if there have
been any complaints or investigations lodged against the applicant
or the company or companies the applicant is representing, investigate
the applicant's criminal record, and conduct such other investigation
as is deemed necessary for the protection of the public good.
(b) If as a result of such investigation the applicant's record is found
to be unsatisfactory, the Chief Administrative Officer or designee
shall endorse on such application the disapproval and the reasons
for same, and return the application indicating that the application
is disapproved and that no license will be issued.
(c) If as a result of such investigation the applicant is found to be
satisfactory, the Chief Administrative Officer or designee shall endorse
on the application the approval, and return the application to the
Director of Finance, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature of the issuing officer and shall
show the name and address of said 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 operative, as well as the license
number and other identifying description of any vehicle used in such
soliciting. The Director of Finance shall keep a record of all licenses
issued.
[Ord. No. 9106, 11-29-2001]
The license fee which shall be charged by the Director of Finance for such license shall be in accordance with §
13-34 of the City of Kirkwood Code.
[Ord. No. 9106, 11-29-2001]
In the event a license is granted to any applicant, said license
shall, unless said license is in the meantime revoked, entitle the
licensee to conduct his business for the period prescribed in the
license. Said license shall only allow such conduct between the hours
of 9:00 a.m. and 9:00 p.m., on Mondays through Saturday.
[Ord. No. 9106, 11-29-2001]
Itinerant merchants, peddlers and solicitors are required to
exhibit their licenses at the request of any citizen or police officer.
[Ord. No. 9106, 11-29-2001]
No licensee shall fail or refuse to leave any building or any
enclosed or improved real estate, lot or parcel of ground in the City
when requested to leave by the person solicited.
[Ord. No. 9106, 11-29-2001]
(a) Permits and licenses issued under the provisions of this division
may be revoked 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 this business as solicitor or as canvasser;
(3)
Any violation of this division;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting the business of soliciting in any 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.
[Ord. No. 9106, 11-29-2001]
Any person violating any of the provisions of this division shall be subject to the penalties prescribed under §
1-8 of the City of Kirkwood Code of Ordinances.