Article I In General
Article II Permit
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 (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.
- 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 (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. The provisions of this Chapter shall not apply to solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in the City.
No person shall act as a peddler or as a solicitor within the City without first obtaining an identification card in accordance with this Chapter.
A canvasser is not required to have an identification card but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.
The fee for the issuance of each identification card shall be:
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City: no fee
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City: $5.00 per day
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
For a canvasser requesting an identification card: no fee
Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the issuing officer during regular office hours.
The applicant (person or organization) shall provide the following information:
Name of applicant.
Number of identification cards required.
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 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. If a photograph is not supplied, the City will take an instant photograph of each person for which a card is requested. The actual cost of the instant photograph will be paid by the applicant.
The permanent and (if any) local address of the applicant.
The permanent and (if any) local address of each person for whom a card is requested.
A brief description of the proposed activity related to this identification card. (Copies of literature to be distributed may be substituted for this description at the option of the applicant.)
Date and place of birth for each person for whom a card is requested and (if available) the social security number of such person.
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.
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.
If a card is requested for a peddler:
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
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.
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.
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery.
If a card is requested for a solicitor:
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.
The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that:
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years,
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
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 identification cards 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 sixteen (16) business hours provided in Section 610.070, the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.
At the time of filing the application, a fee of five dollars ($5.00) shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein.
It shall be unlawful for any person to give any false or misleading information in connection with his/her application for a permit required by this Article.
At the time of making application for a permit required by this Article, the applicant shall submit to fingerprinting by the Chief of Police.
Before any permit shall be issued under the provisions of this Article, the applicant therefor shall pay a fee of twenty dollars ($20.00).
Every applicant, not a resident of the City or who is a resident of the City who represents a firm whose principal place of business is located outside the State, shall file with the City Clerk a surety bond running to the City in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the City Administrator conditioned that the applicant shall comply fully with the applicable provisions of this Code, the ordinances of the City and the Statutes of the State regulating and concerning the business of peddler and guaranteeing to any citizen of the City that all money paid as a down payment will be accounted for and applied according to the representations of the peddler and further guaranteeing to any citizen of the City doing business with such peddler that the property purchased will be delivered according to the representations of such peddler. Action on such bond may be brought in the name of the City to the use or benefit of the aggrieved person.
If the applicant is an agent, employee, canvasser or solicitor of a corporation authorized to do business in this State or registered under the Fictitious Name Act of the State, such corporation or fictitious name business may furnish one (1) bond in the amount of one thousand dollars ($1,000.00) for any and all of its agents, employees, canvassers or solicitors.
If the issuing officer denies (or upon completion of an investigation revokes) the identification card 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, or if the next regular meeting is more than ten (10) days from the denial of the application, at a special meeting to be held within that ten (10) day period, due notice of which is to be given to the public and the applicant.
If the applicant requests a hearing under Section 610.140, 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 Cass County. The hearing shall also be subject to the Missouri Open Meetings and Records law.
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 individual, as so to be reasonably visible to any person who might be approached by said person.
An identification card shall be valid within the meaning of this Chapter for a period of sixty (60) days from its date of issuance.
In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:
Any violation of this Chapter by the applicant or by the person for whom the particular card was issued.
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.
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.
Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises or his/her agent to leave the same and not return to such premises shall be deemed guilty of a misdemeanor.
It shall be unlawful for any peddler to enter upon any private premises when such premises are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect.
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his/her goods, wares, merchandise or services for the purpose of inducing another purchase the same.
It shall be unlawful for any peddler to engage in the business of peddling within the City between the hours of one-half (½) hour before sunset and 9:00 A.M. the following morning or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
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:
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.
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.
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 610.200.
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an 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.
No peddler, solicitor or canvasser shall:
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.)
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.
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.
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
Enter upon the property of another except between the hours of one-half (½) hour before sunset and 9:00 A.M. the following morning or at any time on Sundays.
Except that the above prohibitions shall not apply when the peddler, solicitor or canvasser 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.