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 a permit in accordance with
this Chapter. A canvasser is not required to have a permit but any
canvasser wanting a permit for the purpose of reassuring City residents
of the canvasser's good faith shall be issued one upon request.
A.Â
The fee for the issuance of each permit shall be:
1.Â
For a peddler acting on behalf of a merchant
otherwise licensed to do business within the City: No fee.
2.Â
For a peddler acting on behalf of a merchant
not otherwise licensed to do business within the City: A fee of $5.00
per day.
3.Â
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.Â
For a canvasser requesting a permit: No fee.
Any person or organization, formal or informal,
may apply for one (1) or more permits by completing an application
form at the office of the issuing officer during regular office hours.
A.Â
The applicant, person or organization shall provide
the following information:
1.Â
Name of applicant.
2.Â
Number of permits required.
3.Â
The name, physical description and photograph
of each person for which a permit 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.Â
The permanent and, if any, local address of
the applicant.
5.Â
The permanent and, if any, local address of
each person for whom a permit is requested.
6.Â
A brief description of the proposed activity
related to this permit. Copies of literature to be distributed may
be substituted for this description at the option of the applicant.
7.Â
Date and place of birth for each person for
whom a permit is requested and, if available, the social security
number of such person.
8.Â
A list of all infraction, offense, misdemeanor,
ordinance violation and felony convictions of each person for whom
a permit is requested for the seven (7) years immediately prior to
the application.
9.Â
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 permit is requested.
10.Â
If a permit is requested for a peddler:
a.Â
The name and permanent address of the business
offering the event, activity, good or service, i.e., the peddler's
principal.
b.Â
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.Â
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.Â
If a permit is requested for a solicitor:
12.Â
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.Â
The permit(s) shall be issued promptly after application
but in all cases within eight (8) business hours of completion of
an application, unless it is determined within that time that:
1.Â
The applicant has been convicted of a felony,
a misdemeanor or an ordinance violation involving moral turpitude
within the past seven (7) years;
2.Â
With respect to a particular permit, the individual
for whom a permit is requested has been convicted of any felony, a
misdemeanor or an ordinance violation involving moral turpitude within
the past seven (7) years; or
3.Â
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 permits 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 eight (8) business hours provided in Section 610.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion
of an investigation revokes, the permit 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 Board of Aldermen at its next regular meeting.
If the applicant requests a hearing under Section 610.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, Chapter 536, RSMo., 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, Chapter 610, RSMo.
Each permit 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.
A permit 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.Â
In addition to the administrative revocation of a
permit, a permit may be revoked for any of the following reasons:
1.Â
Any violation of this Chapter by the applicant
or by the person for whom the particular permit was issued.
2.Â
Fraud, misrepresentation or incorrect statement
made in the course of carrying on the activity.
3.Â
Conviction of any felony, a misdemeanor or an
ordinance violation involving moral turpitude within the last seven
(7) years.
4.Â
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.
B.Â
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, Chapter 536, RSMo.,
and a hearing before the Board of Aldermen.
A.Â
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.Â
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.Â
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.Â
No handbill or flyer shall be left at or attached to any of the property having a "no solicitor" sign of the type described in Section 610.150(A)(1) and (2).
4.Â
Any person observed distributing handbills or
flyers shall be required to identify himself/herself to the Police
(either by producing a permit 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.Â
No peddler, solicitor or canvasser shall:
1.Â
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.Â
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.Â
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.Â
Remove any yard sign, door or entrance sign
that gives notice to such person that the resident or occupant does
not invite visitors.
5.Â
Enter upon the property of another except between
the hours of 9:00 A.M. and 8:00 P.M.
B.Â
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.
[Ord. No. 17-08-03 § 1, 8-10-2017]
A.Â
The City Clerk shall prepare and maintain a list of
all residents within the City and their addresses who have notified
the Clerk that soliciting, peddling, and door-to-door sales enterprising
are not permitted on the premises (hereinafter referred to as the
"Do Not Knock Registry"). Notification shall be by completion of a
form available at the City Clerk's office during normal business hours.
The list shall be updated on January 15 and July 15 of each year.
Residents shall remain on the Do Not Knock Registry until such time
as they advise the City Clerk in writing that they wish to be removed
from the list.
B.Â
All persons, firms, or entities wishing to solicit, peddle, or otherwise door-to-door sell must obtain a copy of the current Do Not Knock Registry at the time of issuance of each permit and/or license required by the City of Salisbury, Missouri, pursuant to the provisions of this Chapter and/or Chapter 605. No person shall peddle, solicit, or conduct door-to-door sales at any premises identified on the then current Do Not Knock Registry.
C.Â
D.Â
This Section shall not apply to non-profit groups,
organizations, or associations, nor to any local, State, or Federal
employee, nor to any public utility employee in the performance of
his/her duty for his/her employer.
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.