As used in this Chapter, the following words have the meaning indicated:
CANVASSER
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 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
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
PEDDLER
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".
EDITORIAL NOTE: A person who passes out menus for a restaurant would not be a peddler, because the resident ordinarily orders off the menu at a time when the visitor has left. Similarly, a person passing out flyers advertising a sale at a nearby venue would not be a peddler, because the resident ordinarily would need to go to the other venue to make a purchase. An individual passing out flyers saying "tomorrow we will come to your house and for $5 will paint your house number along the curb" would not be a peddler, because the sale would occur after the visit. However the people who show up tomorrow would need a peddler's permit.
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:
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 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.
EDITORIAL NOTE: Some Cities and Villages exempt people having a County peddler's or solicitor's license from getting a local permit. Because the regulation of this activity involves serious risk of going "too far" in regulating activities protected by the First Amendment to the Constitution, it seems advisable not to have the City regulation entangled with regulations from any other local government. Ask your lawyer what he/she thinks and follow her/his advice.
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 $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:
a. 
The name and permanent address of the organization, person or group for whom donations or proceeds are accepted.
b. 
The web address for this organization, person or group or other address where residents having subsequent questions can go for more information.
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.
EDITORIAL NOTE: Our earlier solicitor's model ordinance permitted seven (7) days for investigation. That ordinance was written before the Internet had become so ubiquitous and before Police had access to special computers to check criminal history. Eight business hours ought to be enough time for an investigation.
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.
EDITORIAL NOTE: The Missouri APA establishes venue differently than what is provided here. It is debatable if the City can change the law of venue as established by Statute, but prior versions of this ordinance have attempted to do so and we have not deviated from that practice.
Additional NOTE: Earlier versions of this ordinance used the phrase "a felony or a misdemeanor involving moral turpitude." It wasn't clear if that was intended to apply to "any felony" or to a "felony involving moral turpitude." We have changed the wording to say "any felony"; if the City intends the alternative meaning, you should change the wording.
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.
EDITORIAL NOTE: The six-month validity period is not written in stone. The City could select a longer or shorter time, as long as a judge thinks you are "reasonable."
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 Board of Aldermen.
EDITORIAL NOTE: The reason we did not have the administrative revocation handled through the tribunal is that the State APA has some delays built into it, and the revocation won't take place until after the hearing. Prior versions of this ordinance included the administrative revocations under the State APA procedure. We suspect that was a mistake and have allowed for a summary revocation procedure in that one (1) instance. Obviously other lawyers think differently. Follow the advice of the lawyer you are paying.
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 610.150(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.
EDITORIAL NOTE: These hours are from the earlier St. Louis County model ordinance. They may be too restrictive; 7:00 A.M. to 10:00 P.M. seem better. Talk to your lawyer about what hours he/she is prepared to defend in court and do what that lawyer advises.
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. The penalty for such violation shall be the same as for any other trespass.
EDITORIAL NOTE: Earlier versions of this ordinance had a specific penalty for violations contained in it. We prefer to emphasize that the City is not imposing additional obligations on peddlers, solicitors and canvassers . . . merely providing guidance about what will not be prosecuted as trespass. Do what your lawyer says!