[Ord. No. 4.496 (2784), 4-15-2021[1]]
As used in this Chapter, the following terms shall have the
indicated meaning:
Includes any 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.
Every motor vehicle, except those governed by Section 605.400
of the Code, in which ice cream, popsicles, ice sherbets, or frozen
desserts of any kind are carried for the purposes of selling at retail
sale on the City streets, and who continuously stop-and-go and do
not park at any one (1) location to provide continuing service. For
purposes of this Chapter, ice cream trucks shall be considered a "peddler"
and all persons driving such vehicles, and if other than the driver,
providing service are required to obtain a permit/identification card
as required herein.
The City Clerk of Arnold, Missouri.
Includes any 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."
Includes any 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.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
This Chapter shall not apply to:
1.
Federal, State or local government employees or a public utility
employee in the performance of his/her duty for his/her employer;
or
2.
Children under the age of eighteen (18) that are soliciting
on behalf of a non-profit youth organization, such as, but not limited
to, the Boy Scouts of America, the Girl Scouts of the USA, the Baden-Powell
Service Association, sports leagues, etc.
[Ord. No. 4.496 (2784), 4-15-2021]
No person shall act as a peddler or as a solicitor within the
City without first obtaining a permit/identification card in accordance
with this Chapter. A canvasser is not required to have a permit/identification
card but any canvasser wanting a permit/identification card for the
purpose of reassuring City residents of the canvasser's good
faith shall be issued one (1) upon request.
[Ord. No. 4.496 (2784), 4-15-2021]
The fee for the issuance of each permit/identification card
shall be thirty-five dollars ($35.00) for such permit/identification
card that is valid for six (6) months from its date of issuance or
the term requested, whichever is less.
[Ord. No. 4.496 (2784), 4-15-2021]
Any person or organization (formal or informal) required to
obtain or voluntarily seeking one (1) or more permit/identification
cards shall complete an application form at the office of the Issuing
Officer, during regular office hours.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
All applicants (person or organization) shall provide the following
information:
1.
Name of applicant.
2.
The permanent and (if any) local address of the applicant.
3.
If employed, the name and address of employer, together with
credentials establishing the exact relationship.
4.
Credentials for the person for which the applicant proposes
to do business, authorizing the applicant to act as such representative.
5.
The name, physical description, and photograph of each person
for which a card is requested. In lieu of this information, a driver's
license, State permit/identification card, passport, or other government-issued
permit/identification card (issued by a government within the United
States) containing this information may be provided, and a photocopy
taken.
6.
The permanent and (if any) local address of each person for
whom a card is requested.
7.
Date and place of birth for each person for whom a card is requested
and the social security number of such person.
8.
A list of all infraction, offense, misdemeanor and felony convictions
of each person for whom a card 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 card is requested.
10.
A brief description of the proposed activity related to this
permit/identification card. (Copies of literature to be distributed
may be substituted for this description at the option of the applicant).
11.
In addition, if a card is requested for a peddler, the following
information shall be provided:
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.
12.
In addition, if a card is requested for a solicitor, the following
information shall be provided:
13.
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.
[Ord. No. 4.496 (2784), 4-15-2021]
Before any license, as provided by this Chapter, shall be issued for engaging in the businesses as defined in Section 610.010 of this Chapter in the City, such applicant shall file with the City Clerk a bond running to the City in the sum of three thousand dollars ($3,000.00) executed by the applicant, as principal, and a surety bond upon which service of process may be made in the State; such bond to be approved by the City Attorney, conditioned that the applicant shall comply with all of the provisions of the ordinances of the City and the Statutes of the State regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against such applicant for any violation of such ordinances or Statutes, or any of them, together with all judgments and costs that may be recovered against him/her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof, and guaranteeing to any citizen of the City that property purchased will be delivered according to the representations of the applicant. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form and as to the responsibility of the sureties thereon. The bond amount shall be adjusted annually according to the consumer price index as published by the United States Bureau of Labor Statistics for the St. Louis, Missouri metropolitan area.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
The permit/identification card(s) shall be issued promptly after
application but in all cases within five (5) business days of completion
and acceptance of an application, unless it is determined within that
time that:
1.
The applicant has been convicted of a felony or a misdemeanor
involving moral turpitude within the past seven (7) years;
2.
With respect to a particular card, the individual for whom a
card is requested has been convicted of any felony or a misdemeanor
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.
[Ord. No. 4.496 (2784), 4-15-2021]
All applicants for a permit/identification card shall undergo
a fingerprint-based State background check by the Missouri Criminal
Justice Information Services (CJIS) Division of the Missouri State
Highway Patrol.
[Ord. No. 4.496 (2784), 4-15-2021]
No person holding a permit/identification card, or an agent,
member or representative of the same, shall advertise, represent or
hold out in any manner that such permit/identification card is an
endorsement of the holder by the City or by any member of the City
administration or City Council thereof or by any organization which
any of the same may represent.
[Ord. No. 4.496 (2784), 4-15-2021]
If the Issuing Officer denies (or upon completion of an investigation
revokes) the permit/identification card to one (1) or more persons he/she
shall immediately convey the decision to the applicant orally and
shall within five (5) business days 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 Administrator. This appeal must be made within ten
(10) days of the oral notification. The City Administrator will schedule
an appeal hearing within ten (10) days of the request, due notice
of which is to be given to the public and the applicant. In the case
of revocation, all activities otherwise authorized shall cease until
such time as an appeal reverses said revocation.
[Ord. No. 4.496 (2784), 4-15-2021]
If the applicant requests a hearing under Section 610.060, review from the decision (on the record of the hearing) shall be had to the Circuit Court of Jefferson County, as provided in Chapter 536, RSMo.
[Ord. No. 4.496 (2784), 4-15-2021]
Each permit/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 individual, as so to be reasonably visible
to any person who might be approached by said person.
[Ord. No. 4.496 (2784), 4-15-2021]
A permit/identification card 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.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
In addition to the administrative revocation of a permit/identification
card, a card 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 card was issued.
2.
Fraud, misrepresentation or incorrect statement made in the
course of carrying on the activity.
3.
Conviction of any felony or a misdemeanor involving moral turpitude
within the last seven (7) years.
4.
Conducting the activity in such a manner as to constitute a
violation of the Code of Ordinances, a breach of the peace or a menace
to the health, safety or general welfare of the public.
[Ord. No. 4.496 (2784), 4-15-2021]
The Issuing Officer shall maintain a list of persons within
the City who restrict visits to their residential property (including
their leasehold, in the case of a tenant) by peddlers, solicitors,
and canvassers. The Issuing Officer may provide a form to assist residents,
and this form may allow the resident to select certain types of visits
that the resident finds acceptable while refusing permission to others.
This "no visit" list shall be a public document, reproduced on the
City's website, and available for public inspection and copying.
A copy of the "no visit" list shall be provided to each applicant
for and each recipient of a permit/identification card. If a canvasser
chooses not to apply for a permit/identification card, it will be
the responsibility of that canvasser to obtain in some other way a
copy of the current "no visit" list.
[Ord. No. 4.496 (2784), 4-15-2021]
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. City officers 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.
4.
Any person observed distributing handbills or flyers shall be
required to identify himself/herself to the police (either by producing
a permit/identification card 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.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
No peddler, solicitor or canvasser shall:
1.
Enter upon any private residential subdivision where 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.
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).
3.
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.
4.
Enter upon any private property where the current occupant has
posted the property on the City's "no visit" list (except where
the posting form indicates the occupant has given permission for this
type of visit), regardless of whether a front yard sign is posted.
5.
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.
6.
Remove any yard sign, door or entrance sign that gives notice
to such person that the resident or occupant does not invite visitors.
7.
Enter upon the property of another except between the hours
of 9:00 A.M. and 6:00 P.M.
8.
Shout, make any outcry, blow a horn, ring a bell or use any other sound device, including any loud speaking radio or amplifying system, upon any of the streets, alleys, parks or other public places of the City, or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys, or parks or other public places for the purposes of attracting attention to any goods, wares or merchandise which such licensee proposes to sell; provided, however, that this prohibition shall not apply to ice cream trucks selling ice cream products and other frozen dessert products that project continuous music or repetitive sounds, so long as such projection does not disturb the peace or violate Chapter 220, General Nuisances, of the Code of Ordinances.
9.
No peddler, solicitor, or canvasser may conduct their affairs from any right-of-way; provided, however, that this prohibition shall not apply to ice cream trucks, as defined herein, selling ice cream products and other frozen dessert products from the paved portion of any right-of-way subject to the requirements and limitations contained in Section 610.110.
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.
[Ord. No. 4.496 (2784), 4-15-2021]
It shall be the duty of the Police Officers of the City to require
any person seen soliciting or peddling, who is not known to such officer
as to be duly permitted, to produce his/her solicitor's or peddler's
permit/identification card and to enforce the provisions of this Chapter
against any person found to be violating same, and to determine all
places of business and persons in their respective territories and
to examine all places of business and persons in their respective
territories subject to the provisions of this Chapter to determine
if this Chapter has been complied with.
[Ord. No. 4.496 (2784), 4-15-2021]
Any person violating any part of this Chapter shall, in addition
to having violated this Chapter, have committed a trespass on such
property, and which 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.
[Ord. No. 4.496 (2784), 4-15-2021]
A.
Ice cream trucks, as defined in Section 610.010, shall be subject to the following additional regulations:
1.
Operators of ice cream trucks shall comply with all applicable
health laws or regulations that the Jefferson County Health Department
has adopted or may adopt relating to ice cream trucks.
2.
Before operating an ice cream truck in the City, the person
shall provide the City:
3.
Notwithstanding the timing regulations herein, ice cream trucks
may only operate within the City between the hours of 11:00 A.M. to
7:00 P.M. on weekdays and 11:00 A.M. to 9:00 P.M. on the weekends.
