It is the policy of the city, to regulate the activities of peddlers, solicitors, and canvassers in order to promote and protect public health, safety, and welfare. It is not the intent of this article to interfere with or infringe upon the constitutionally protected right to freedom of speech or assembly, except to the minimum extent necessary to ensure the safety and right to privacy of the citizens of the city. This article shall not apply to a federal, state, or local government employee, or to a public utility employee, in the performance of his/her duty for his/her employer.
(Ordinance 2024-961 adopted 11/5/2024)
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 shall not include any person who would otherwise constitute a peddler under this article but is seeking donations or to sell goods/services for a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, or charitable firm, corporation, association, club, organization, society, or other entity.
Person.
Includes the singular and the plural; and shall also mean and include any person, firm, corporation, association, club, co-partnership, society, or other entity.
Solicitor.
(1) 
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:
(A) 
Distributing handbills or flyers for a commercial purpose; or
(B) 
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.
(2) 
A solicitor shall not include any person who would otherwise constitute a solicitor under this article but is seeking donations or to sell goods/services for a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, or charitable firm, corporation, association, club, organization, society, or other entity.
(Ordinance 2024-961 adopted 11/5/2024)
This article 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.
(Ordinance 2024-961 adopted 11/5/2024)
(a) 
It shall be unlawful for any person to engage in the business of peddling or soliciting, as defined in section 4.06.002 of this article, within the corporate limits of the city, without first obtaining a license therefor and as provided herein.
(b) 
A person engaging in canvassing, as defined in section 4.06.002 of this article, within the corporate limits of the city, shall not be required to have a license but may acquire one for the purpose of reassuring city residents of the canvasser's good faith.
(c) 
It shall be unlawful for any person, whether engaged in business or not, to solicit, offer for sale, transact the sale of goods or services, seek donations or contributions, or distribute materials in the right-of-way of any public road, street, or highway, regardless of whether such actions are for commercial, charitable or nonprofit purposes. It shall be further unlawful for any person to solicit, offer for sale, transact the sale of goods or services, seek donations or contributions, or distribute materials to persons situated within vehicles that are located within the right-of-way of any public street or highway, regardless of whether such actions are for commercial, charitable, or nonprofit purposes. Nothing in this subsection shall be deemed to prohibit otherwise lawful non- commercial activities on sidewalks or other designated areas where such activities clearly do not hinder or stop vehicular traffic or adversely impact public safety. The prohibition with regard to public rights-of way shall not apply to community-sponsored activities, provided that, prior to such activity, the sponsoring community organization has first obtained permission from the city.
(Ordinance 2024-961 adopted 11/5/2024)
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.
(Ordinance 2024-961 adopted 11/5/2024)
Each individual solicitor or peddler must have an individual license under this article. Each individual canvasser may have an individual license under this article. To this end, each applicant for a license must file a sworn application in writing on a form to be furnished by the city clerk, which shall give, at minimum, the following information:
(1) 
Name and address of applicant.
(2) 
Copy of a valid driver's license, military identification card, passport, or other identification card with photo.
(3) 
A brief description of the applicant's proposed activity; or a brief description of the nature of the business and the goods to be sold.
(4) 
The length of time for which the right to do business is desired.
(5) 
A list of all infractions, offenses, misdemeanor convictions, and felony convictions for each applicant for the seven years immediately prior to the application, as well as the punishment or penalty assessed, therefor.
(6) 
The motor vehicle make, model, year, color, and state license plate number of any vehicle that will be used by each person for whom the card is requested.
(7) 
If the license 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, provided that no copy of a license shall be required for any business that appears on the city's annual report of sales tax payees as provided by the Missouri Department of Revenue.
(8) 
If the license 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 website for the organization, person, or group (or other address) where residents having subsequent questions can go for more information.
(9) 
As relevant, proof of compliance with all county and state rules, orders, and statutes (including but not limited to sections 150.470 through 150.540, RSMo.) concerning peddling.
(10) 
Any other information the applicant wished to provide, including (but not limited to), copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
(Ordinance 2024-961 adopted 11/5/2024)
The permit(s) shall be issued promptly after application but in all cases within eight business hours of completion of an application, unless it is determined within that time that:
(a) 
The applicant has been convicted of a felony, a misdemeanor or an ordinance violation involving moral turpitude with the past seven years;
(b) 
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 years; or
(c) 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
(Ordinance 2024-961 adopted 11/5/2024)
During the period of time following the application for one 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 business hours provided in section 4.06.007 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.
(Ordinance 2024-961 adopted 11/5/2024)
If the issuing officer denies, or upon completion of an investigation revokes, the permit to one or more persons, he/she shall immediately convey the decision to the applicant orally and shall within 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 an administrative tribunal consisting of the mayor, chief of police and the city attorney, provided that such hearing will be scheduled within 10 days of the request, due notice of which is to be given to the public and the applicant.
(Ordinance 2024-961 adopted 11/5/2024)
If the applicant requests a hearing under section 4.06.009 the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri 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 state open meetings and records law.
(Ordinance 2024-961 adopted 11/5/2024)
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.
(Ordinance 2024-961 adopted 11/5/2024)
A permit shall be valid with the means of this article for a period of six months from its date of issuance or the term requested, whichever is less.
(Ordinance 2024-961 adopted 11/5/2024)
(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 the article 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 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 and a hearing before the tribunal identified in section 4.06.009 above.
(Ordinance 2024-961 adopted 11/5/2024)
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:
(a) 
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 with the right-of-way.
(b) 
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.
(c) 
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 4.06.015(a) and (b).
(d) 
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.
(Ordinance 2024-961 adopted 11/5/2024)
(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 square foot in size and may contain the words such as "no soliciting" or "no solicitors" in letters of at least two 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 expressed 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 expressed invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
(Ordinance 2024-961 adopted 11/5/2024)
Any person violating any part of this article 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.
(Ordinance 2024-961 adopted 11/5/2024)