[Ord. No. 1195 §2, 1-4-2016[1]]
A.
The purpose of this Chapter is designed to:
1.
Prevent undue annoyance of City residents by peddlers and solicitors.
2.
Maximize the First Amendment rights and physical safety of peddlers
and solicitors, as well as assure the right of City residents to be
secure in their homes.
3.
Attempt to provide some assurance to residents of the City that
peddlers, solicitors and canvassers are not burglars and criminals
in disguise.
[Ord. No. 1195 §2, 1-4-2016]
When used in this Chapter, the following terms are defined as
follows:
Any person, whether or not a resident of the City of Concordia,
who goes from house to house, from place to place, or from street
to street soliciting or taking orders for sale of goods, wares or
merchandise of any nature whatever for future delivery or for service
to be performed in the future, whether or not such person has samples
of the subject of such order.
Any person who attempts to sell a good or service by shouting
his goods or services for sale in the street or by making personal
contact with a resident at his residence without prior specific invitation
or appointment from the resident.
Any person not maintaining a permanent place of business
within the City who sells or offers to sell merchandise or services
directly to an ultimate consumer. This Chapter shall not apply to
local benevolent organizations conducting sales to raise funds for
civic enterprises nor to salesmen selling to local wholesale or retail
merchants or to manufacturers or industries. This Chapter shall apply
to all itinerant merchants, including those who call on residents
in their homes, those who set up temporary offices or salesrooms and
those who operate from trucks or other mobile salesrooms.
Any person who attempts to make personal contact with a resident
at his residence or a specific business at the business location without
prior specific invitation or appointment from the resident or business
for the primary purpose of attempting to sell a good or service for
profit to himself or his principal, or seeks a donation for any cause
of a profit-making or commercial character. The definition of "peddler"
shall include hawker, canvasser, itinerant merchants, and transient
vendors.
Peddler shall not include:
A student of an educational institution who attempts to make
personal contact with a resident at his residence or a business at
the business location without prior specific invitation or appointment
from the resident or business for the primary purpose of attempting
to sell a good or service as a fundraising activity for the benefit
of an educational program or non-profit organization; or
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.
For the purpose of this Chapter, any person, firm or corporation
whether acting as owner, agent, consignee or employee, and whether
or not a resident of the City of Concordia.
Any person who attempts to make personal contact with a resident
at his 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, education, civic, fraternal,
charitable, political or religious purpose, even if incident to such
purpose there is the sale of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
Solicitor shall not include a student of an educational institution
who attempts to make personal contact with a resident at his residence
without prior specific invitation or appointment from the resident
for the primary purpose of attempting to obtain a donation as part
of a fundraising activity for the benefit of an educational program
or non-profit organization.
A person who offers to sell new merchandise to the public
at temporary premises because he/she has no permanent fixed location
in the City. The definition of "transient vendor" does not include
any person selling goods by sample, brochure, or catalog, or sales
for future delivery.
[Ord. No. 1195 §2, 1-4-2016]
A.
It shall be unlawful for any person to engage in peddling or solicitation activities within the City without first obtaining a license issued by the City pursuant to Chapter 615, Article II; provided however, that the following are exempted from the provisions of this Chapter:
1.
Federal, State or local government employee or a public utility
employee in the performance of his/her duty for his/her employer.
2.
Any solicitation made upon premises owned or occupied by an
organization, business or residence in which the peddler or solicitor
is requested or invited for the purpose of engaging in business;
3.
Any distribution of handbills, flyers, pamphlets, or other written
materials to residences that advertise or promote a political, religious,
charitable, or other non-commercial position, event, or service;
4.
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.
[Ord. No. 1195 §2, 1-4-2016]
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor to enter upon
any residential premises in the City where the owner, occupant, tenant
or person legally in charge of the premises has posted at the entry
to the premises, or at the entry to the principal building on the
premises, a sign bearing the words "No Peddlers," "No Solicitors,"
or words of similar import. Any sign posted at the entry to the premises
which is a minimum of ten (10) square inches shall be presumed to
be adequate notice to a peddler or solicitor.
[Ord. No. 1195 §2, 1-4-2016]
Any peddler or solicitor who enters upon premises owned or leased
by another and willfully refuses to leave said premises after having
been notified by the owner or possessor of the premises, or his/her
agent, to leave the premises shall be deemed guilty of a misdemeanor.
[Ord. No. 1195 §2, 1-4-2016]
No person shall solicit or peddle within City limits except
between the hours of 9:00 A.M. and 8:00 P.M. Monday through Friday
and from 10:00 A.M. until 5:00 P.M. Saturday. It shall be unlawful
for any peddler or solicitor to engage in the business of peddling
at any time on Sundays except by specific appointment with or invitation
from the prospective customer.
[Ord. No. 1195 §2, 1-4-2016]
All peddlers and solicitors must comply with the provisions
of this Chapter prior to going in or upon any private residence within
the City for the purpose of engaging in business as a peddler or solicitor,
unless requested or invited to do so by the owner or occupant thereof.
[Ord. No. 1195 §2, 1-4-2016]
[Ord. No. 1195 §2, 1-4-2016]
A.
Applicants for a license under this Chapter must file with the City
Clerk a form in writing, furnished by the City, which shall give the
following information:
1.
Name and physical description of applicant;
2.
Complete permanent home address;
3.
A brief description of the nature of the business and goods
to be sold;
4.
If not self-employed, the name and address of the employer;
5.
The length of time for which the right to do business is desired;
6.
Description of any vehicle to be used, together with a license
number;
7.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any misdemeanor, not including
minor traffic violations;
8.
A list of three (3) cities in which the applicant last carried
on business; and
9.
Whether the applicant, upon any sale or order, shall demand,
accept or receive payment or deposit of money in advance of final
delivery.
B.
A completed application for a solicitation license shall be required
for each individual (peddler, solicitor, canvasser, etc.) who will
be involved in the selling, solicitation, taking of orders or delivery
on behalf of the person, corporation, partnership, limited liability
company, limited liability partnership, professional corporation,
sole proprietorship, association of person, etc.
C.
The applicant shall furnish a completed request for criminal record
check for each individual (peddler, solicitor, canvasser, etc.) who
will be involved in the selling, solicitation, taking of orders or
delivery on behalf of the person, corporation, partnership, limited
liability company, limited liability partnership, professional corporation,
sole proprietorship, association of person, etc. The applicant will
bear the cost of obtaining the criminal history record per the fee
established by the State of Missouri at the time of application. Such
criminal history shall be good for the period of January 1 through
December 31 of the year of application.
D.
For any peddler, as described under Section 615.010 (Definitions), the following shall apply: There shall be a two-week period from the submission date of the application to allow for a criminal record check to be completed by the City of Concordia.
E.
After the application has been received and after the criminal record
history has been processed, the City will issue the solicitor's
license upon payment for license, provided all of the above items/steps/processes
are or have been approved.
[Ord. No. 1195 §2, 1-4-2016]
Any person denied a license, and aggrieved by the action, shall
have the right to appeal to the Board of Aldermen of the City of Concordia
at a regularly scheduled Board meeting. Such appeal shall be taken
by filing with the City Clerk, within fourteen (14) days after notice
of the action complained of, a written statement setting forth fully
the grounds for the appeal. The Mayor shall set a time and place for
a hearing on such appeal, and notice of such hearing shall be given
to the appellant in writing by the City Clerk.
[Ord. No. 1195 §2, 1-4-2016]
Applicants for a license that have a rural Concordia postal address and live in the Concordia postal district shall pay a fee as set out in Chapter 150, Table B, of Title I of this Code for a one-day permit or a yearly permit (adhering to permissible hours of sale). Applicants outside the Concordia postal district shall pay a daily or yearly fee as set out in Chapter 150, Table B, of Title I of this Code (adhering to permissible hours of sale)
[Ord. No. 1195 §2, 1-4-2016]
No licensee shall have any exclusive right to any location in
the public streets, nor be permitted a stationary location thereon,
nor be permitted to operate in a congested area where such operation
might impede or inconvenience public use of such streets. The judgment
of a Concordia Police Officer, exercised in good faith, shall be deemed
conclusive as to whether the public is inconvenienced or impeded by
actions of the licensee.
[Ord. No. 1195 §2, 1-4-2016]
It shall be the duty of the licensee to display said permit
upon request.
[Ord. No. 1195 §2, 1-4-2016]
A.
Licenses issued under the provisions of this Chapter may be revoked
by the City Clerk for any of the following reasons:
1.
Fraud, misrepresentation or incorrect statement made in the
course of carrying on his/her business;
2.
Fraud, misrepresentation or incorrect statement contained in
the application;
3.
Conducting business as permitted by license in an unlawful manner
or in such a manner as to constitute a breach of the peace of the
public or to be a menace to the health, safety or general welfare
of the citizens of Concordia.
[Ord. No. 1195 §2, 1-4-2016]
Any person violating any of the provisions of this Chapter shall,
upon the discretion of a Police Officer of the City of Concordia,
be issued a citation and, upon conviction by the judge of Concordia
Municipal Court, be deemed guilty of a misdemeanor. The fine for such
misdemeanor shall be not less than ten dollars ($10.00) nor more than
five hundred dollars ($500.00) and/or by imprisonment in the County
Jail for not less than one (1) day or more than ninety (90) days.
[Ord. No. 1195 §2, 1-4-2016]
No claims for refund of license fee shall be allowable under
this Chapter.
