[R.O. 2012 § 605.240; Ord. No. 352, 12-7-2010]
As used in this Article, the following terms shall have these prescribed meanings:
- 1. 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:
- a. 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
- b. Distributing a handbill or flyer advertising a non-commercial event or service.
- 2. A canvasser is not required to have a peddler's license but any canvasser wanting a license for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon completing an application for peddler's/solicitor's/canvasser's license and paying fee.
- 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 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:
- 1. 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
- 2. Distributing a handbill or flyer 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.
[R.O. 2012 § 605.250; Ord. No. 352, 12-7-2010]
This Article 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.
[R.O. 2012 § 605.260; Ord. No. 352, 12-7-2010]
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City, a peddler license will be ten dollars ($10.00) for five (5) calendar days.
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a peddler license will be ten dollars ($10.00) for five (5) calendar days.
For a solicitor including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence, a peddler license will be ten dollars ($10.00) for five (5) calendar days.
For a canvasser requesting a peddler's license will be ten dollars ($10.00) for five (5) calendar days.
Each individual peddling or soliciting (or canvassing, if requested) must complete an "Application for Peddler's/Solicitor's/Canvasser's License."
One (1) peddler's license will be issued to the applicant only for each completed application.
[R.O. 2012 § 605.270; Ord. No. 352, 12-7-2010]
Any person desiring a license to engage in business as a peddler/solicitor (canvasser, if requested) within the City of Kimberling City shall make a written application to the City.
Application shall contain the following:
Dates applicant wishes to be engaged in such business within City.
Indicate whether license will be peddler, solicitor or canvasser.
Applicant's name, address, phone numbers.
Copy of driver's license or photo ID to be kept on file.
List all offenses or misdemeanors involving moral turpitude or any felony convictions (include penalty/punishment) prior to this application.
Name and permanent address of the business offering the event, activity, good or service (i.e., principal owner, phone number, website, after hours emergency phone number, etc).
Brief description of the proposed event, activity, goods or services offered for sale.
Copy of the principal's sales tax license as issued by the State of Missouri, if applicable. Provide a copy of statement of no tax due, if applicable.
Provide last three (3) cities applicant has worked.
Provide motor vehicle, make, model, year, color, State license plate number for vehicle to be used.
Signature of applicant certifying that there are no willful misrepresentations in or falsifications of the above statements and answers to questions, aware that should investigation disclose such misrepresentations or falsification, the application will be rejected and applicant will be disqualified from applying in the future; authorize the Kimberling City Police Department and/or City Clerk to obtain from any person(s), firm, limited liability corporation, corporation, State or local government, institution, etc., information, records, etc., that will attest as to my good character, business respectability, etc.; releases the above person, institutions, etc., from any liability for damage whatsoever incurred in furnishing such information or records.
[R.O. 2012 § 605.280; Ord. No. 352, 12-7-2010]
Completed application will be reviewed by the Police Department and approved/not approved by the City Clerk within sixteen (16) business hours.
The requested license shall be issued, unless:
Application is incomplete;
Required fee(s) has/have not been paid;
Applicant who will be peddling/soliciting has been convicted of any felony and/or offenses or misdemeanors involving moral turpitude;
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
License will be issued for five (5) calendar days, signed by City Clerk, embossed with City seal, and shall state the duration or term of such permit on the face thereof.
[R.O. 2012 § 605.290; Ord. No. 352, 12-7-2010]
During the period of time following the application for license 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 605.260, the license will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
[R.O. 2012 § 605.300; Ord. No. 352, 12-7-2010]
If a license is denied to an applicant or is revoked pursuant to Section 605.260 or Section 605.300, the applicant may, within sixteen (16) business hours of denial or revocation, make application to the City Clerk for hearing thereon before the City Attorney and Mayor. In such cases, the hearing shall be held within ten (10) working days of the date the application to the City Clerk for a hearing was made. Further appeal shall be to the Board of Aldermen at the next regularly scheduled Board of Aldermen meeting.
[R.O. 2012 § 605.310; Ord. No. 352, 12-7-2010]
Each person shall carry on his/her person at all times license issued by the City, with embossed City Seal, while engaged in peddling/soliciting or canvassing. License shall be shown upon request of any resident, merchant or official of the City.
[R.O. 2012 § 605.320; Ord. No. 352, 12-7-2010]
In addition to the administrative revocation of a license, a license may be revoked for any of the following reasons:
Any violation of this Article by the applicant for who license was issued.
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
Conviction of any felony and/or offenses or misdemeanors involving moral turpitude.
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.
[R.O. 2012 § 605.330; Ord. No. 352, 12-7-2010]
No handbill or flyer shall be left at, or attached to any sign, utility pole, traffic signs, traffic sign posts, guardrails within the right-of-way or any living plant such as a tree, vine or bush. The Police or authorized official(s) may remove any handbill or flyer in violation of Kimberling City ordinances or Missouri State Statutes.
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.
No handbill or flyer shall be left on vehicles.
[R.O. 2012 § 605.340; Ord. No. 352, 12-7-2010]
No peddler, solicitor or canvasser shall:
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, canvassing, and/or trespassing. Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting," "no solicitors" or "no trespassing" in letters of at least two (2) inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.)
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.
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.
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
Enter upon the property of another except between the hours of 9:00 A.M. and one-half (1/2) hour before sunset.
The above prohibitions shall not apply when the peddler, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
[R.O. 2012 § 605.350; Ord. No. 352, 12-7-2010]
Any person violating any part of this Article may be prosecuted under an applicable specific offense (for example, trespassing) and/or pursuant to the general penalty ordinance of the Kimberling City Municipal Code.