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.
The fee for the issuance of each permit 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 five dollars ($5.00) 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 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.
The applicant, person or organization shall provide the following
information:
1.
Name of applicant.
2.
Number of permits required.
3.
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.
The permanent and, if any, local address of the applicant.
5.
The permanent and, if any, local address of each person for
whom a permit is requested.
6.
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.
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.
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.
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.
If a permit 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 permit 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 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.
The applicant has been convicted of a felony, a misdemeanor
or an ordinance violation involving moral turpitude within the past
seven (7) years,
2.
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.
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 625.070, 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 City Council at its next regular meeting.
If the applicant requests a hearing under Section 625.090, 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.
In addition to the administrative revocation of a permit, a permit
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 permit was issued.
2.
Fraud, misrepresentation or incorrect statement made in the
course of carrying on the activity.
3.
Conviction of any felony, a misdemeanor or an ordinance violation
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.
B.
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 City Council.
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 having a "no solicitor" sign of the type described in Section 625.150(A)(1) and (2).
4.
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.
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.
B.
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.
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.[1] The penalty for such violation shall be the same as for
any other trespass.
