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City of Warrenton, MO
Warren County
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[Ord. No. 2710, 9-6-2022[1]]
For purposes of this Chapter, the following terms shall have the meanings herein ascribed:
RESIDENCE
Every separate living unit occupied for residential purposes by one (1) or more persons and contained within any type of building or structure.
SOLICITOR
A solicitor, as used herein, is any individual, for the purpose of communicating or presenting a message, regardless of the topic discussed or the idea or message expressed:
1. 
Traveling by foot, wagon, automobile, motor truck, or any type of conveyance from place to place, uninvited or without invitation; or
2. 
Positioned on or near street corners, public ways or places of public assembly or congregation; or
3. 
Located in or near the roadway or right-of-way of a roadway.
COMMERCIAL SOLICITOR
A commercial solicitor, as used herein, is a person who attempts to make personal contact with a resident at his/her residence or business with or without prior specific invitation or appointment for the primary purpose of selling or attempting to sell or delivering a previously sold good or service for profit. This contact would result in an agreement or order for which payment would occur at the time of the visit or arrangements for payment at a later date. The good or service could be delivered at a later date. A "commercial solicitor" 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 business, such a person is a solicitor.
[1]
Editor's Note: Former Chapter 610, Peddlers and Solicitors, containing Sections 610.010 through 610.110, which derived from Ord. No. 1446 §I, 10-19-2004; Ord. No. 1561 §I, 11-15-2005; Ord. No. 1561 §I, 11-15-2005; Ord. No. 1861 §I, 6-23-2009; and Ord. No. 1950 §I, 2-15-2011, was repealed 9-6-2022 by Ord. No. 2710.
[Ord. No. 2710, 9-6-2022]
It shall be unlawful for any commercial solicitor to go in or upon any private residence in the City for the purpose of soliciting from the occupants without having first applied for and received a permit as hereinafter provided.
[Ord. No. 2710, 9-6-2022]
A. 
The applicant shall truthfully state in full the information requested on the application, which shall include at least the following:
1. 
Name and address of present place of residence and length of residence at such address; also business address if other than residence address and Social Security number.
2. 
Name and address of person, firm, corporation or association whom the applicant is employed by or represents and length of time of such employment or representation.
3. 
Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in.
4. 
Period of time for which the permit is applied for.
5. 
Date, or approximate date, of latest previous application for a permit under this Chapter, if any.
6. 
Whether a permit issued to the applicant under this Chapter has ever been revoked.
7. 
Whether the applicant has ever been convicted of a violation or any of the provisions of this Chapter or any ordinance of any other municipality regulating soliciting.
8. 
Whether the applicant has ever been convicted of the commission of a felony under the laws of the State of Missouri or any other State or the Federal law of the United States.
9. 
Such additional information as the City may deem necessary to process the application.
10. 
An indemnity agreement provided by the City of Warrenton in which the applicant agrees to hold harmless the City of Warrenton from any and all liability arising out of the solicitation in the City of Warrenton.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
B. 
Each applicant shall pay an application fee as provided by the Board of Aldermen.
C. 
The Finance Officer or the Finance Officer's designee shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permit issued under the provisions of this Chapter and of the denial of applications.
D. 
Every permit shall be granted unless the solicitor has been convicted of the commission of a felony under the laws of the State of Missouri or any other State or the Federal law of the United States within five (5) years of the date of the application; has been convicted of a violation or any of the provisions of this Chapter; or whose permit issued hereunder had previously been revoked, as herein provided.
E. 
If applicable, an applicant should:
1. 
Demonstrate that he/she or his/her employer has a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo.
[Ord. No. 2710, 9-6-2022]
A. 
The permit shall be issued promptly after application but in all cases within twenty-four (24) business hours of completion 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 ten (10) years.
2. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
B. 
Permits and licenses issued under the provisions of this Chapter may be revoked by the Mayor of this City after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as peddler.
3. 
Any violation of this Chapter.
4. 
Conviction of any crime or misdemeanor involving moral turpitude.
5. 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
C. 
Notice of the hearing for revocation of a license shall be given, in writing, setting forth specifically the ground of complaint and the time and place of hearing. Such notice shall be mailed, postage paid to the permittee at his/her permanent address (as shown on his/her application) at least five (5) days prior to the date set for hearing.
[Ord. No. 2710, 9-6-2022]
Any person aggrieved by the action of the City Clerk or other official in the denial of an application for a permit as provided in this Chapter, or in the decision with reference to the revocation of a license as provided in this Chapter, shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Aldermen shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in this Chapter.
[Ord. No. 2710, 9-6-2022]
Permits are issued for a period not to exceed one (1) year.
[Ord. No. 2710, 9-6-2022]
A permit issued pursuant to this Chapter shall be carried at all times by the commercial solicitor to whom issued when soliciting or canvassing in the City and shall be exhibited by such commercial solicitor whenever he/she shall be requested to do so by any officer of the City or by any person being solicited.
[Ord. No. 2710, 9-6-2022]
A. 
Definitions. For purposes of this Section only, the following terms shall be defined, as follows:
ROADWAY
The portion of a street or highway improved, designed, or ordinarily used for vehicular travel and extending from one (1) curb or edge of pavement to the opposite curb or edge of pavement, including lanes commonly used for parking and including center medians and lane dividers.
SIDEWALK
That portion of a public right-of-way between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians.
B. 
No person shall stand in or enter upon a roadway for the purpose of soliciting, except from the occupants of parked motor vehicles located in the roadway adjacent to a sidewalk if the solicitor is on a sidewalk.
[Ord. No. 2710, 9-6-2022]
A. 
Any individual, business, or organization may place a sign which substantially states "NO TRESPASSING OR SOLICITING ALLOWED" on or directly adjacent to any entrance to the individual, business, or organization's residence, place of work, or other non-public or semi-public place.
B. 
It shall be the duty of every commercial solicitor upon going onto a premises in the City to first examine any notice which substantially states "NO TRESPASSING OR SOLICITING ALLOWED" which may have been placed on such premises.
C. 
A violation of this Section may be prosecuted as a trespass in the first degree or second degree under Section 210.320 or Section 210.330, respectively.
[Ord. No. 2710, 9-6-2022]
It is hereby declared to be unlawful and shall constitute a nuisance and an invasion of privacy for any person to go upon any premises and ring the doorbell upon or near any door other than the front door of a residence located thereon or rap or knock upon any door other than the front door or create any sound in any manner from a place other than the front door calculated for the purpose of securing an audience with the occupant thereof and to engage in soliciting as herein defined. For the purpose of this Section, a "front door" is defined as the main entrance to a residence.