[R.O. 1994 § 610.050; Ord. No.
93-22 § 2-26, 1-25-1994]
No person shall engage in any act as a peddler or solicitor
without first obtaining an identification card in accordance with
the provisions of this Article.
[R.O. 1994 § 610.060; Ord. No.
93-22 § 2-27, 1-25-1994]
A. Any person or organization (formal or informal) may apply for one
(1) or more identification cards under this Article by completing
an application form at the office of the City Clerk.
B. The applicant shall provide the following information:
2.
The number of identification cards required.
3.
A statement as to the type of cards requested.
4.
If one (1) or more solicitor's cards is required, information required to overcome the presumption of Section
610.010.
5.
If one (1) or more peddler's cards is requested, the fee for each card as provided in Section
610.080.
6.
The name, and physical description (or in lieu thereof a photograph)
of each person for which a card is requested. The Chief of Police
is directed to obtain an instant photographic camera, and to offer
to any applicant to take photographs for which a reasonable fee not
to exceed two dollars ($2.00) shall be charged. Instead of providing
the physical description, or photograph, the applicant may exhibit
a valid driver's license or similar identification for each person
for whom a card is requested, and a photocopy of said identification
shall be attached to said application.
7.
The permanent and (if any) local address of the applicant.
8.
The permanent and (if any) local addresses of each person for
whom a card is requested.
9.
A brief description of the proposed activity subject to this
identification card requirement.
10.
A statement as to whether or not the applicant has been convicted
of any crime and, if so, the nature of the offense and the penalty
imposed.
11.
A statement as to each person for whom a card is requested as
to whether that individual has been convicted of any crime and, if
so, the nature of the offense and the penalty imposed.
12.
The motor vehicle make, model, year, color and registration
number of any vehicle which shall be used in the proposed activity.
13.
The permanent name and address of the organization or person
(with respect to a solicitor's card) who can provide a prospective
donor with more information about the charity for which funds are
solicited, and from whom information can be obtained as to the disposition
of all funds collected, or (with respect to peddler's card) of the
individual organization to whom complaints can be made for defective
merchandise, who is responsible for any breach of warranty, and from
whom additional merchandise can be ordered.
14.
Name and address of person or organization which is intended
to receive donations or profits.
15.
Any other information the applicant wished to provide.
[R.O. 1994 § 610.070; Ord. No.
93-22 § 2-28, 1-25-1994]
A. No person shall be issued a peddler's identification card unless,
in addition to all other requirements:
1.
He/she demonstrates that he/she (or in the case of an agent,
his/her principal) has a valid retail sales license issued by the
State Director of Revenue as required by Section 144.083, RSMo., said
license to contain "Lake Ozark" as licensee address.
2.
He, or his/her principal, deposits with the City Clerk a bond
in the amount of one hundred dollars ($100.00) (cash or surety) per
card to secure collection and payment to the State Department of Revenue
all City sales tax due and payable by reason of sales made within
this City. Said bond shall be forfeited to the City if applicant does
not, within ninety (90) days of the expiration or surrender of his/her
peddler's card, demonstrate by affidavit or otherwise that said sales
taxes have been paid.
3.
He/she demonstrates either:
a.
He/she is a licensed itinerant vendor within the meaning of
Section 150.380, RSMo.; or
b.
He/she is exempt from said requirement.
4.
He/she demonstrates either:
a.
He/she has a "peddler" license from the County and State as
required by Section 150.470, RSMo., or
b.
He/she is exempt from said requirement.
[R.O. 1994 § 610.080; Ord. No.
93-22 § 2-29, 1-25-1994]
A. Any person desiring a peddler's identification card shall complete
an occupational license application and pay the required five hundred
dollars ($500.00) for said occupation license.
B. Any person desiring a peddler's identification card shall pay a fee
of thirty-five dollars ($35.00) per card.
C. There shall be no fee for a solicitor's identification card.
[R.O. 1994 § 610.090; Ord. No.
93-22 § 2-30, 1-25-1994]
A. Seven (7) working days after the application, or sooner if reasonably
possible, the requested identification cards under this Article shall
be issued, unless:
1.
The application is incomplete.
2.
The required fee has not been paid.
3.
The applicant has been convicted of a felony.
4.
With respect to a particular card, if the individual for whom
a card is requested has been convicted of a felony.
5.
If any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
6.
If the applicant, or if the particular individual for whom an
identification card is requested has had a previous identification
card revoked.
7.
If the applicant, or if the particular individual for whom an
identification card is requested has made any false statement regarding
the peddling of merchandise or the solicitation of persons under this
Chapter or an ordinance of any other municipality.
8.
If the application indicates the sales or solicitations to be
conducted will be done in such a manner or in such a place that can
be considered a public nuisance or a threat to public safety or welfare.
[R.O. 1994 § 610.100; Ord. No.
93-22 § 2-31, 1-25-1994]
During the period of time following the application for issuance of one (1) or more identification cards under this Article and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification card as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time. If the Chief of Police has not completed his/her investigation within the number of working days that is provided in Section
610.090, the identification will nonetheless be issued.
[R.O. 1994 § 610.110; Ord. No.
93-22 § 2-32, 1-25-1994]
If the City Clerk denies the identification card to one (1)
or more persons he/she shall prepare promptly, and in no event later
than two (2) working days after the denial, a written report of the
reason for his/her denial, which shall immediately be made available
to the applicant. The applicant shall be entitled to correct, in writing,
any deficiencies so noted in the report, which corrections or changes
when filed shall be treated as a new application.
[R.O. 1994 § 610.120; Ord. No.
93-22 § 2-33, 1-25-1994]
A. If an identification card under this Article is denied to an applicant,
the applicant shall have the option of a hearing in front of any of
three (3) tribunals at the applicant's option. At such a hearing the
City Attorney on behalf of the City Clerk shall be required to demonstrate
by preponderance of the evidence that the applicant is not entitled
to an identification card under this Chapter. The applicant may choose
to take his/her case before any of the following tribunals:
1.
The Board of Aldermen, at its next regular meeting.
2.
Before the Municipal Court of the City.
3.
Before the Circuit Court of the County within the regularly
scheduled procedures of the Circuit Court.
B. If the applicant requests a hearing under Subsection
(A)(1) or
(A)(2), the said hearing shall be held in accordance with the administrative procedure act of the State, and review from the decision shall be had to the Circuit Court of the County on the record. Should applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment action against the City.
[R.O. 1994 § 610.130; Ord. No.
93-22 § 2-34, 1-25-1994]
An identification card should be valid within the meaning of
this Chapter for a period of six (6) months from its date of issuance,
thereafter it shall expire. An applicant with an expired identification
card shall be considered as having no identification card whatsoever
and will be required to apply for a new card if he/she wished to peddle
or solicit within the City.
[R.O. 1994 § 610.140; Ord. No.
93-22 § 2-35, 1-25-1994]
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) worn on the outer
clothing of the peddler or solicitor, so as to be reasonably visible
to any person who might be approached by said peddler or solicitor.
[R.O. 1994 § 610.150; Ord. No.
93-22 § 2-36, 1-25-1994]
A. Any identification card granted under this Article may be revoked
by the Municipal Court after the filing of an Information by the prosecuting
attorney and a hearing hereon for any of the following causes:
1.
Any violation of this Article by applicant or the person for
whom the particular card was issued.
2.
Fraud, misrepresentation or incorrect statement made in the
course of carrying on the activity.
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.
[R.O. 1994 § 610.160; Ord. No.
93-22 § 2-37, 1-25-1994]
Any person who may violate this Chapter by operating as a peddler
or solicitor within the City of Lake Ozark, without compliance with
this Chapter shall be deemed guilty of an offense and shall be punished
by a fine of not more than five hundred dollars ($500.00) and/or imprisonment
for not more than ninety (90) days. Each day that any offense shall
continue shall be deemed a separate offense.