City of Byrnes Mill, MO
Jefferson County
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Table of Contents
Table of Contents

Section 606.010 Definitions.

[Ord. No. 865-16 §1, 6-1-2016]
As used in this Chapter, the following terms shall have the indicated meanings:
PEDDLER
Includes any person, whether a resident of the City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Chapter. The word "peddler" shall include the words "hawker" and "huckster."
SOLICITOR
Is any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided that, such definition shall not include any person who, for himself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR
Is any person, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the City for the exhibition and sale of such goods, wares and merchandise; provided that, such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

Section 606.020 Loud noises and speaking devices.

[Ord. No. 865-16 §1, 6-1-2016]
No licensee under this Chapter, nor anyone in his behalf, shall 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.

Section 606.030 Use of streets.

[Ord. No. 865-16 §1, 6-1-2016]
No licensee under this Chapter shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall be be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purposes of this Chapter, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

Section 606.040 Duty of police to enforce.

[Ord. No. 865-16 §1, 6-1-2016]
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 licensed, to produce his solicitor's or peddler's license 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.

Section 606.050 Records.

[Ord. No. 865-16 §1, 6-1-2016]
The Chief of Police shall report to the City Clerk all convictions for violation of this Chapter and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.

Section 606.060 Exemption for not-for-profit persons or organizations.

[Ord. No. 865-16 §1, 6-1-2016]
The provisions of this Chapter shall apply only to those persons or corporations actually engaged in the business of soliciting for profit and shall not apply to any tax-exempt, not-for-profit persons, associations or corporations.

Section 606.070 Hours of solicitation and peddling.

[Ord. No. 865-16 §1, 6-1-2016]
Notwithstanding other provisions of this Chapter to the contrary, solicitors and peddlers shall be limited to the hours of solicitation and peddling from 9:00 A.M. to one-half (1/2) hour prior to sunset, central time zone.

Section 606.080 License Required.

[Ord. No. 865-16 §1, 6-1-2016]
It shall be unlawful for any peddler, solicitor, and transient and itinerant merchant and vendor, as defined in Section 606.010 of this Chapter, to engage in such business within the corporate limits of the City, without first obtaining a license therefor in compliance with the provisions of this Chapter.

Section 606.090 Application.

[Ord. No. 865-16 §1, 6-1-2016]
A. 
Applicants for a license under this Chapter, whether a natural person, firm or corporation, shall file a written sworn application signed by the applicant (in duplicate on a form supplied by the City Clerk), if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk, showing:
1. 
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated;
2. 
The fingerprints of the applicant and the person or persons having the management or supervision of the applicant's business;
3. 
The place or places in the City where it is proposed to carry on the applicant's business and the length of time during which it is proposed that such business shall be conducted;
4. 
The place or places, other than the permanent place of business of the applicant, where the applicant within the six (6) months next preceding the date of such application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
5. 
A brief description of the nature of the business and the goods to be sold, and in the case of products of farm or orchard, whether produced or grown by the applicant;
6. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
7. 
If a vehicle is to be used, a description of the same, together with the license number or other means of identification;
8. 
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 such application is filed, and the proposed method of delivery;
9. 
A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
10. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
11. 
In the case of an applicant for a solicitor's or peddler's license, a statement by a licensed physician of the state, dated not more than one (1) month prior to the submission of the application, certifying the applicant to be free of contagious, infectious, or communicable disease;
12. 
With respect to the goods listed in Subsection (A)(5) of this Section, a statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant in the City, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time such application is filed;
13. 
A brief statement of the nature and character of advertising done or proposed to be done in order to attract customers, and, if required by the City Clerk, copies of all such advertising, whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to such application as exhibits, thereto;
14. 
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;
15. 
Credentials for the person for which the applicant proposes to do business, authorizing the applicant to act as such representative;
16. 
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the City Clerk may deem proper to fulfill the purpose of this Chapter in the protection of the public good.
17. 
A copy of a criminal background check issued by the Missouri Highway Patrol within seven (7) days of the time of application but in any event before the activity occurs that demonstrates the qualification of the applicant.

Section 606.100 Investigation; issuance or denial.

[Ord. No. 865-16 §1, 6-1-2016]
A. 
At the time of the filing of the application for a license required by this Chapter, a fee of ten dollars ($10.00) shall be paid to the City Clerk to cover the cost of investigation.
B. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
C. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the application to the City Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
D. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, and return such approval, along with the application, to the City Clerk, who shall, upon payment of the prescribed license fee, issue a license. Such license shall contain the signature and seal of the issuing Officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in the business. The Clerk shall keep a permanent record of all licenses issued, the place where such business may be carried on under such license, and the name or names of the person or persons authorized to carry on the same.

Section 606.101 Bond prerequisite to issuance.

[Ord. No. 865-16 §1, 6-1-2016]
Before any license, as provided by this Chapter, shall be issued for engaging in the businesses as defined in section 606.010 of this Chapter in the City, such applicant shall file with the City Clerk a bond running to the City, in the sum of one thousand dollars ($1,000.00) 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 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.

Section 606.102 Fees.

[Ord. No. 865-16 §1, 6-1-2016]
A. 
The license fee which shall be charged by the City for the license required by this Chapter shall be twenty-five dollars ($25.00) per ninety (90) days or any portion thereof for each person defined as a solicitor, peddler, transient merchant, itinerant merchant or itinerant vendor, and twenty-five dollars ($25.00) per ninety (90) days or any portion thereof for each helper, or assistant to those using vehicles, which helpers must procure the permit and license as herein provided for transient merchants, itinerant merchants, or itinerant vendors. All solicitors and peddlers must obtain a separate license.
B. 
None of the license fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this Chapter is unfair, unreasonable, or discriminatory as to the applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and non-discriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection (A) of this Section. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the termination of the applicant's business in the City or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Subsection (A) of this Section.

Section 606.103 Badges.

[Ord. No. 865-16 §1, 6-1-2016]
Each applicant for a peddler's or solicitor's license under this Chapter shall be issued by the City Clerk at the time of delivery of his license a badge which shall contain the words "Licensed Peddler or Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten (10) feet. Such badge shall, during the time such licensee is engaged in peddling, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous. Each licensee shall deposit five dollars ($5.00) per badge which deposit shall be returned to the licensee upon the return of the badge to the City Clerk.

Section 606.104 Designation of agent for service of process prerequisite to issuance.

[Ord. No. 865-16 §1, 6-1-2016]
Before any license as provided in this Chapter shall be issued for engaging in the businesses defined in section 606.010 of this Chapter in the City, the applicant shall file with the City Clerk or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under such license and the bond given as required by section 606.101 of this Chapter, or for the performance of the conditions of such bond or for any breach thereof, which instrument shall also contain recitals to the effect that such applicant for such license consents and agrees that service of a notice of process may be made upon such agent, and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this Chapter, according to the law of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Clerk, as herein provided, the City Clerk shall send to the licensee at his last known address, by registered mail, a copy of such process.

Section 606.105 Exhibition.

[Ord. No. 865-16 §1, 6-1-2016]
Peddlers and solicitors are required to exhibit their licenses at the request of any citizen, and itinerant or transient merchants or vendors shall post conspicuously in the place of business named on their license, the original of their license. In the event that such person or persons applying for such license shall desire to do business in more than one place within the City, separate licenses shall be issued for each place of business, and shall be posted conspicuously in each place of business.

Section 606.106 Transfer.

[Ord. No. 865-16 §1, 6-1-2016]
No license or badge issued under the provisions of this Chapter shall be used or worn at any time by any person other than the one to whom it was issued.

Section 606.107 Revocation of license.

[Ord. No. 865-16 §1, 6-1-2016]
A. 
The licenses issued pursuant to this Chapter may be revoked by the City Clerk after notice and hearing, for any of the following causes:
1. 
Any fraud, misrepresentation or false statement contained in the application for license;
2. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
3. 
Any violation of this Chapter;
4. 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
5. 
Conducting the business licensed under this Chapter 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.
B. 
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five (5) days prior to the date set for the hearing.

Section 606.108 Expiration.

[Ord. No. 865-16 §1, 6-1-2016]
All licenses issued under the provisions of this Chapter shall expire ninety (90) days from the date of issuance.

Section 606.109 Appeal from denial or revocation.

[Ord. No. 865-16 §1, 6-1-2016]
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for license as provided for in section 606.100(B) through (D) or in connection with the revocation of a license as provided for in section 606.107, shall have the right to appeal to the Board of Aldermen. Such appeal shall be taken by filing with the Board of Aldermen within fourteen (14) days after notice of the decision by the City Clerk has been mailed to such person's last address, a written statement setting forth the grounds for the appeal. The Board of Aldermen shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in section 606.107 for notice of hearing on revocation. The order of this Board of Aldermen on such appeal shall be final.