[Ord. No. 21-11, 6-16-2021[1]]
The following words, terms and phrases and their derivations
used in this Chapter shall have the meanings ascribed to them in this
Section, except where the context clearly indicates a different meaning:
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.
Includes the words patriotic, philanthropic, social service,
health, welfare, benevolent, educations, civic, cultural or fraternal,
either actual or purported.
Any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the same for sale. This definition also includes
any person who solicits orders and as a separate transaction makes
deliveries to purchasers as part of the scheme to evade the provisions
of this Chapter. 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 a resident for purchase
at a location away from his/her residence or at a time different from
the time of visit.
Includes all activities ordinarily performed by a peddler
as indicated in the definition of "peddler."
Includes all activities ordinarily performed by a solicitor
as indicated in the definitions of commercial solicitor or non-commercial
solicitor.
Any person who goes upon the premises of any private resident
in the City, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of
goods, merchandise, wares or other personal property of any nature
for future delivery or for services to be performed in the future.
Any person who goes upon the premises of any private resident
in the City, not having been invited by the occupant thereof, for
the purpose of requesting contribution of funds or anything of value
or sell goods or services for political, charitable, religious or
other non-commercial purposes.
[Ord. No. 21-11, 6-16-2021]
[Ord. No. 21-11, 6-16-2021]
A.Â
Permit.
Every person subject to the provisions of this Chapter shall, prior
to undertaking peddler/commercial solicitation activities, file with
the City an application in writing on a form to be furnished by the
City, which shall provide the following information:
1.Â
Proof of age, address and identification of the applicant to be provided
through the applicant's driver's license, articles of incorporation
(for sponsors) or other legally recognized form of identification;
2.Â
A brief description of the business or activity to be conducted;
3.Â
The hours, location and length of time for which the right to peddle
or solicit is desired;
4.Â
If employed, the name, address and telephone number of the employer;
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the same may be;
5.Â
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or ordinance violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred
and other pertinent details thereof;
6.Â
Proof of possession of any license or permit which, under Federal,
State or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the licensing requirement
of this Chapter.
B.Â
Fees.
At the time the application is filed with the City, the applicant
shall pay a five dollar ($5.00) fee to cover the cost to the City
of processing the application and investigating the facts stated therein.
C.Â
Application
Review And Permit Issuance.
1.Â
Upon receipt of an application, the City Clerk or authorized representative
shall review the application as deemed necessary to ensure the protection
of the public health, safety and general welfare.
2.Â
If the City finds the application to be satisfactory, the City Clerk
shall endorse approval on the application and shall, upon receipt
of the prescribed fee, issue the required permit to the applicant.
3.Â
The permit shall show the permittee's name and address, the class
of permit issued, the kind of goods or services to be sold or delivered,
the date of issuance and the length of time that the permit shall
be in effect. The permit shall also show the permit number and identifying
description of any vehicle to be used in carrying on the business
for which the permit is issued.
[Ord. No. 21-11, 6-16-2021]
A.Â
Upon
the City's review of the application, the City Clerk may refuse to
issue a permit to the applicant under this Chapter for any of the
following reasons:
1.Â
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers;
2.Â
An investigation reveals that the applicant falsified information
on the application;
3.Â
The applicant has pleaded guilty or nolo contendere to, or been convicted
of, violating any of the provisions of Section 566.032, RSMo., statutory
rape and attempt to commit; or Section 566.067, RSMo., child molestation,
first degree; or Section 566.068, RSMo., child molestation, second
degree; or Section 566.083, RSMo., sexual misconduct involving a child;
or Section 566.086, RSMo., sexual contact with a student while on
public school property; or Section 566.151, RSMo., enticement of a
child; or Section 566.212, RSMo., sexual trafficking of a child; or
Section 566.213, RSMo., sexual trafficking of a child under age twelve;
or Subsection 2 of Section 568.020, RSMo., incest; or Section 568.045,
RSMo., endangering the welfare of a child in the first degree; or
Subsection 2 of Section 568.080, RSMo., use of a child in a sexual
performance; or Section 568.090, RSMo., promoting a sexual performance
by a child; or Section 573.023, RSMo., sexual exploitation of a minor;
or Section 573.025, RSMo., promoting child pornography; or Section
573.035, RSMo., promoting child pornography in the second degree;
or Section 573.037, RSMo., possession of child pornography; or Section
573.040, RSMo., furnishing pornographic material to minors;
4.Â
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered;
5.Â
There is no proof as to the authority of the applicant to serve as
an agent to the principal; or
6.Â
The applicant has been denied a permit under this Chapter within
the immediate past year, unless the applicant can and does show to
the satisfaction of the City that the reasons for such earlier denial
no longer exist.
B.Â
The
City Clerk's disapproval and the reasons for disapproval shall be
noted on the application, and the applicant shall be notified that
his or her application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form or at the applicant's last known address.
[Ord. No. 21-11, 6-16-2021]
All peddler/commercial solicitation permits issued under the
provisions of this Chapter shall expire two (2) weeks from the date
of issuance unless an earlier expiration date is noted on the permit.
[Ord. No. 21-11, 6-16-2021]
Every person required to obtain a peddler/commercial solicitation
permit under the provisions of this Chapter shall exhibit the permit
at all times in plain sight for residents and/or City employees to
see.
[Ord. No. 21-11, 6-16-2021]
It shall be unlawful for any person other than the permittee
to use any peddler/commercial solicitation permit issued under the
provisions of this Chapter.
[Ord. No. 21-11, 6-16-2021]
A.Â
To
the extent permitted by applicable law, no person, while peddling,
soliciting, or canvassing, whether licensed or unlicensed, shall enter
upon any private property, knock on doors, or otherwise disturb persons
in their residences between the hours of 8:00 P.M. and 9:00 A.M.,
Sunday through Saturday.
B.Â
No
peddler, solicitor or canvasser shall:
1.Â
Enter upon any private property where the property has clearly posted
a sign or decal indicating a prohibition against solicitation, canvassing
and/or transient merchant activities. Such sign or decal need not
exceed one (1) square foot in size and may contain words such as "No
Soliciting" or "No Solicitors"; and
2.Â
Remain upon any private property where a notice in the form of a
sign or decal, which contains the words "No Soliciting" or "No Solicitors,"
is placed upon any door or entranceway leading into the residence
or dwelling through which guests would normally enter, and is visible;
and
3.Â
Use or attempt to use any entrance other than the front or main entrance
to the dwelling, including any designated path to that front door.
If the residence or dwelling does not have a front entrance or it
is obvious that the front entrance is not used, he/she shall use such
entrance as is most obviously used as a guest entrance, but he/she
shall not go from door to door in the residence in an attempt to avoid
a "No Solicitation" or " No Solicitors" sign or decal nor travel across
the grass, garden or yard area of a dwelling; and
4.Â
Remove any yard sign, door or entrance sign or decal that gives notice
to such person that the resident or occupant does not invite visitors;
and
5.Â
Misrepresent or make false, deceptive, or misleading statements concerning
the quality, quantity or character of any service or goods offered
for sale, the purpose of his/her visit, his/her identity, or the identity
of the organization he/she represents.
C.Â
In
addition to the other regulations contained herein, a peddler, solicitor
or canvasser leaving handbills or flyers about the community shall
observe the following regulations:
1.Â
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 City may remove any handbill or flyer found within the right-of-way;
and
2.Â
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; and
E.Â
The
prohibitions in this Section shall also not apply when a peddler,
solicitor or canvasser wishes to place an ad in any newspaper of general
circulation in the City.
[Ord. No. 21-11, 6-16-2021]
A.Â
Any
permit issued under this Chapter may be revoked or suspended by the
City Clerk, after notice and hearing, for any of the following reasons:
1.Â
Fraud, misrepresentation or false statement contained in the application
for a permit;
2.Â
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting commercial solicitation or peddling activities;
3.Â
Conducting peddling or commercial solicitation activities contrary
to the provisions contained in the permit or this Chapter;
4.Â
Conviction for any crime listed in Section 610.060(A)(3) above; or
5.Â
Conducting peddling or commercial solicitation activities in such
a manner as to create a public nuisance, constitute a breach of the
peace or endanger the health, safety or general welfare of the public.
[Ord. No. 21-11, 6-16-2021]
Notice of a hearing for revocation of a permit issued under
this Chapter shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be mailed, postage prepaid, to the permittee
at the address shown on the permit application or at the last known
address of the permittee.
[Ord. No. 21-11, 6-16-2021]
A.Â
Any
person aggrieved by the action or decision of the City Clerk to deny,
suspend or revoke a permit applied for under the provisions of this
Chapter shall have the right to appeal such action or decision to
the Board of Aldermen within fifteen (15) days after the notice of
the action or decision has been mailed to the person's address as
shown on the permit application form or to his or her last known address.
B.Â
An
appeal shall be taken by filing with the City Clerk a written statement
setting forth the grounds for the appeal.
C.Â
The
City Clerk shall transmit the written statement to the Board of Aldermen
within ten (10) days of its receipt and the Board of Aldermen shall
set a time and place for a hearing on the appeal.
D.Â
A hearing
shall be set not later than twenty (20) days from the date of receipt
of the appellant's written statement.
E.Â
Notice
of the time and place of the hearing shall be given to the appellant
in the same manner as provided for the mailing of notice of action
or decision.
F.Â
The
decision of the Board of Aldermen on the appeal shall be final and
binding on all parties concerned.
[Ord. No. 21-11, 6-16-2021]
Any person claiming to be legally exempt from the regulations
set forth in this Chapter, or from the payment of a permit fee, shall
cite to the City Clerk the Statute or other legal authority under
which exemption is claimed and shall present to the City Clerk proof
of qualification for such exemption.
[Ord. No. 21-11, 6-16-2021]
A.Â
Violation
of any of the provisions of this Chapter shall be treated as an infraction
and shall, upon conviction, be punishable by a fine of not less than
fifty dollars ($50.00) nor more than one hundred dollars ($100.00)
or by imprisonment not to exceed ninety (90) days, or by both such
fine and imprisonment.
B.Â
In
addition to any enforcement in municipal court, the City or any individual
may pursue any available civil remedies deemed appropriate and necessary.
[Ord. No. 21-11, 6-16-2021]
Notwithstanding the other terms and conditions of this Chapter
of the City of Twin Oaks, the sale of goods and services for profit
within the rights-of-way is prohibited.
[Ord. No. 21-11, 6-16-2021]
The provisions of this Chapter are declared to be severable.
If any Section, sentence, clause, or phrase of the Chapter shall for
any reason be held to be invalid or unconstitutional by a court of
competent jurisdiction, such decisions shall not affect the validity
of the remaining Sections, sentences, clauses, and phrases of this
Chapter, but they shall remain in effect; it being the legislative
intent that this Chapter shall remain in effect notwithstanding the
validity of any part.
