[R.O. 1994 § 610.050; Ord. No. 93-22 § 2-26, 1-25-1994]
No person shall engage in any act as a peddler or solicitor without first obtaining an identification card in accordance with the provisions of this Article.
[R.O. 1994 § 610.060; Ord. No. 93-22 § 2-27, 1-25-1994]
A. 
Any person or organization (formal or informal) may apply for one (1) or more identification cards under this Article by completing an application form at the office of the City Clerk.
B. 
The applicant shall provide the following information:
1. 
Name of applicant.
2. 
The number of identification cards required.
3. 
A statement as to the type of cards requested.
4. 
If one (1) or more solicitor's cards is required, information required to overcome the presumption of Section 610.010.
5. 
If one (1) or more peddler's cards is requested, the fee for each card as provided in Section 610.080.
6. 
The name, and physical description (or in lieu thereof a photograph) of each person for which a card is requested. The Chief of Police is directed to obtain an instant photographic camera, and to offer to any applicant to take photographs for which a reasonable fee not to exceed two dollars ($2.00) shall be charged. Instead of providing the physical description, or photograph, the applicant may exhibit a valid driver's license or similar identification for each person for whom a card is requested, and a photocopy of said identification shall be attached to said application.
7. 
The permanent and (if any) local address of the applicant.
8. 
The permanent and (if any) local addresses of each person for whom a card is requested.
9. 
A brief description of the proposed activity subject to this identification card requirement.
10. 
A statement as to whether or not the applicant has been convicted of any crime and, if so, the nature of the offense and the penalty imposed.
11. 
A statement as to each person for whom a card is requested as to whether that individual has been convicted of any crime and, if so, the nature of the offense and the penalty imposed.
12. 
The motor vehicle make, model, year, color and registration number of any vehicle which shall be used in the proposed activity.
13. 
The permanent name and address of the organization or person (with respect to a solicitor's card) who can provide a prospective donor with more information about the charity for which funds are solicited, and from whom information can be obtained as to the disposition of all funds collected, or (with respect to peddler's card) of the individual organization to whom complaints can be made for defective merchandise, who is responsible for any breach of warranty, and from whom additional merchandise can be ordered.
14. 
Name and address of person or organization which is intended to receive donations or profits.
15. 
Any other information the applicant wished to provide.
[R.O. 1994 § 610.070; Ord. No. 93-22 § 2-28, 1-25-1994]
A. 
No person shall be issued a peddler's identification card unless, in addition to all other requirements:
1. 
He/she demonstrates that he/she (or in the case of an agent, his/her principal) has a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo., said license to contain "Lake Ozark" as licensee address.
2. 
He, or his/her principal, deposits with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) per card to secure collection and payment to the State Department of Revenue all City sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City if applicant does not, within ninety (90) days of the expiration or surrender of his/her peddler's card, demonstrate by affidavit or otherwise that said sales taxes have been paid.
3. 
He/she demonstrates either:
a. 
He/she is a licensed itinerant vendor within the meaning of Section 150.380, RSMo.; or
b. 
He/she is exempt from said requirement.
4. 
He/she demonstrates either:
a. 
He/she has a "peddler" license from the County and State as required by Section 150.470, RSMo., or
b. 
He/she is exempt from said requirement.
[R.O. 1994 § 610.080; Ord. No. 93-22 § 2-29, 1-25-1994]
A. 
Any person desiring a peddler's identification card shall complete an occupational license application and pay the required five hundred dollars ($500.00) for said occupation license.
B. 
Any person desiring a peddler's identification card shall pay a fee of thirty-five dollars ($35.00) per card.
C. 
There shall be no fee for a solicitor's identification card.
[R.O. 1994 § 610.090; Ord. No. 93-22 § 2-30, 1-25-1994]
A. 
Seven (7) working days after the application, or sooner if reasonably possible, the requested identification cards under this Article shall be issued, unless:
1. 
The application is incomplete.
2. 
The required fee has not been paid.
3. 
The applicant has been convicted of a felony.
4. 
With respect to a particular card, if the individual for whom a card is requested has been convicted of a felony.
5. 
If any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
6. 
If the applicant, or if the particular individual for whom an identification card is requested has had a previous identification card revoked.
7. 
If the applicant, or if the particular individual for whom an identification card is requested has made any false statement regarding the peddling of merchandise or the solicitation of persons under this Chapter or an ordinance of any other municipality.
8. 
If the application indicates the sales or solicitations to be conducted will be done in such a manner or in such a place that can be considered a public nuisance or a threat to public safety or welfare.
[R.O. 1994 § 610.100; Ord. No. 93-22 § 2-31, 1-25-1994]
During the period of time following the application for issuance of one (1) or more identification cards under this Article and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification card as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time. If the Chief of Police has not completed his/her investigation within the number of working days that is provided in Section 610.090, the identification will nonetheless be issued.
[R.O. 1994 § 610.110; Ord. No. 93-22 § 2-32, 1-25-1994]
If the City Clerk denies the identification card to one (1) or more persons he/she shall prepare promptly, and in no event later than two (2) working days after the denial, a written report of the reason for his/her denial, which shall immediately be made available to the applicant. The applicant shall be entitled to correct, in writing, any deficiencies so noted in the report, which corrections or changes when filed shall be treated as a new application.
[R.O. 1994 § 610.120; Ord. No. 93-22 § 2-33, 1-25-1994]
A. 
If an identification card under this Article is denied to an applicant, the applicant shall have the option of a hearing in front of any of three (3) tribunals at the applicant's option. At such a hearing the City Attorney on behalf of the City Clerk shall be required to demonstrate by preponderance of the evidence that the applicant is not entitled to an identification card under this Chapter. The applicant may choose to take his/her case before any of the following tribunals:
1. 
The Board of Aldermen, at its next regular meeting.
2. 
Before the Municipal Court of the City.
3. 
Before the Circuit Court of the County within the regularly scheduled procedures of the Circuit Court.
B. 
If the applicant requests a hearing under Subsection (A)(1) or (A)(2), the said hearing shall be held in accordance with the administrative procedure act of the State, and review from the decision shall be had to the Circuit Court of the County on the record. Should applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment action against the City.
[R.O. 1994 § 610.130; Ord. No. 93-22 § 2-34, 1-25-1994]
An identification card should be valid within the meaning of this Chapter for a period of six (6) months from its date of issuance, thereafter it shall expire. An applicant with an expired identification card shall be considered as having no identification card whatsoever and will be required to apply for a new card if he/she wished to peddle or solicit within the City.
[R.O. 1994 § 610.140; Ord. No. 93-22 § 2-35, 1-25-1994]
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 peddler or solicitor, so as to be reasonably visible to any person who might be approached by said peddler or solicitor.
[R.O. 1994 § 610.150; Ord. No. 93-22 § 2-36, 1-25-1994]
A. 
Any identification card granted under this Article may be revoked by the Municipal Court after the filing of an Information by the prosecuting attorney and a hearing hereon for any of the following causes:
1. 
Any violation of this Article by applicant or the person for whom the particular card was issued.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
3. 
Conviction of a felony.
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.
[R.O. 1994 § 610.160; Ord. No. 93-22 § 2-37, 1-25-1994]
Any person who may violate this Chapter by operating as a peddler or solicitor within the City of Lake Ozark, without compliance with this Chapter shall be deemed guilty of an offense and shall be punished by a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than ninety (90) days. Each day that any offense shall continue shall be deemed a separate offense.