[Ord. No. 387 §§1 — 2, 12-17-1996]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the contest clearly indicates a different meaning:
- CHARITABLE ORGANIZATION
- Any organization that is qualified to receive charitable contributions as such contributions are defined in Section 170(c) of the Internal Revenue Code.
- ITINERANT MERCHANT
- Includes all persons who deal in the selling of goods, wares or merchandise from a stock of merchandise carried with them by going about from place to place in the City limits to sell the same by direct personal contact.
- All persons who go from place to place without appointment or who position themselves on or near streets, roadways or places of public assembly within the City limits for the purposes of:
- 1. Soliciting property or financial assistance of any kind for commercial or charitable purposes;
- 2. Selling or offering for sale any article, tag, service, emblem, publication or ticket for commercial or charitable purposes;
- 3. Taking or attempting to take orders for the sale of goods, wares, books, charts, maps, magazines or other merchandise for future delivery or for services to be furnished or performed then or in the future, whether or not such individual carries a sample of the subject of such sales or collects advance payments on such sales; or
- 4. Disseminating literature, engaging in verbal discourse, recruiting new members for organizations or for any other purpose involving direct personal contact with the citizenry of the City of Greendale without invitation.Provided however, that the provisions of this Chapter shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers and manufacturers for manufacturing purposes or to bidders for public works or supplies.
[Ord. No. 387 §3, 12-17-1996]
No person, firm, partnership, association or corporation or any combination of the same shall engage in any business or other activity in the City as an itinerant merchant or solicitor without first obtaining a license to conduct such business or activity from the City Clerk and paying the necessary license fee therefor as set out in Section 130.300 of this Code.
Neither the application for nor the issuance of a license or permit to conduct the business of an itinerant merchant or solicitor as provided in this Chapter shall be construed as a license, permit or privilege to enter into or upon any real property or premises or other location within the City. The license or permit provided by this Chapter shall not entitle the holder thereof to any greater right to enter into or upon such premises than that enjoyed by the general public.
[Ord. No. 387 §4, 12-17-1996]
Application for the license required by this Chapter shall be made upon a written application blank furnished by the City Clerk. Such application shall contain:
The name of the person or organization that will be selling or soliciting ("applicant");
The applicant's permanent home address and full local address;
The name and address of the employer, firm or association represented;
The date on which the applicant desires to commence selling or soliciting and the length of time for which the permit is desired;
A description of merchandise to be sold or offered for sale or of services to be provided;
Whether the applicant, or any individual who will be soliciting for the applicant where the applicant is a charitable organization, has ever been convicted of a violation of this Chapter;
Whether the applicant, or any individual who will be soliciting for the applicant where the applicant is a charitable organization, has ever been convicted of any felony and, if so, the nature of the offense and the penalty imposed;
Motor vehicle makes, models, years, colors and registration numbers, if vehicles are to be used in the proposed solicitation;
The following additional information, if applicant is a charitable organization conducting a solicitation campaign:
The purpose for which such campaign is to be conducted and the use or disposition to be made of any receipts therefrom;
The name of the person who shall disburse the receipts of such campaign;
The name and address of the person who will be in direct charge of conducting the campaign;
An outline of the methods to be used in conducting the solicitations;
The number of agents and solicitors to be used by the charitable organization in the City;
A financial statement for the preceding fiscal year of any funds collected by means of a charitable solicitations campaign conducted by the organization, such statement giving the amount of money so raised, together with the cost of raising it, and final distribution thereof;
A statement to the effect that if a license is granted, the licensee will not represent in any way that such license is an endorsement by the City.
All applications, other than those filled by charitable organizations, shall also be accompanied by:
No application shall be filed more than three (3) months prior to the time such selling or soliciting is to commence.
[Ord. No. 387 §5, 12-17-1996]
The City Clerk will examine the application required in this Chapter and:
Determine if the business or activity proposed to be conducted is lawful under the laws of the State;
Where applicant is not a charitable organization, contact the applicant's references and, to the extent possible, verify the accuracy of the information contained in the applicant's application;
Require the applicant to give evidence of the applicant's identity;
Contact companies or organizations which the applicant represents to determine that the applicant is a bona fide representative of those companies or organizations.
The City Clerk shall make such investigation within a period of three (3) business days from the date of application. If the proposed business or activity is lawful and the information provided by the applicant appears truthful, the City Clerk shall issue the license to do business in the City to the applicant; provided however, that, subject to the requirements of Section 314.200, RSMo., no convicted felon shall be issued a license and no charitable organization shall be allowed to use any convicted felon as a solicitor.
[Ord. No. 387 §6, 12-17-1996]
If the applicant is soliciting for other than a charitable purpose or is other than a solicitor as defined in Section 610.010 herein, he/she shall fill out the application described in this Chapter and at the time of making the initial application shall pay to the City Clerk a license fee as set out in Section 130.300 of this Code. If the individual, firm or corporation employing the applicant is to have more than one (1) employee or agent operating in the City, each such employee or agent shall be deemed an applicant and shall fill out the requisite application and pay the fee as set out in Section 130.300 of this Code. The license fee shall be used to defray the cost of the City's investigation of the proposed applicant.
If the applicant is soliciting for a charitable purpose, the organization which the applicant represents shall not be required to pay a license fee. The organization shall, however, be deemed an applicant and shall fill out the application described in this Chapter.
Each person who obtains a license under this Chapter shall obtain an identification card from the City Clerk. Each charitable organization that obtains a license under this Chapter shall obtain identification cards for its solicitors. Each itinerant merchant or solicitor shall carry his/her identification card upon his/her person while engaged in the activity for which the license was obtained. The identification card shall contain:
The name of the business or charitable association the itinerant merchant or solicitor represents;
The name and signature of the itinerant merchant or solicitor;
The expiration date of the identification card; and
The license number.
If the licensee shall be granted one (1) or more extensions of the time period for the license pursuant to this Section, the licensee shall be required to alter the expiration date set forth on each identification card in accordance with the written authorization of the Clerk. The identification card shall be shown, upon request, to any Police Officer or person solicited.
[Ord. No. 387 §7, 12-17-1996]
The City Clerk shall issue the license for the time period sought by the applicant as long as such time period does not exceed one (1) month. The Clerk shall extend the time period upon the request of the applicant. No fee shall be exacted for the extension of a license. The Clerk shall indicate the expiration date of such extension upon the face of the license.
[Ord. No. 387 §8, 12-17-1996]
No person shall sell or solicit, in conjunction with a license granted in accordance with this Chapter, except between the hours of 10:00 A.M. and 5:00 P.M. No selling or solicitation shall be done on Sundays or legal holidays.
[Ord. No. 387 §9, 12-17-1996]
No itinerant merchant or solicitor shall enter upon any real property or premises or portion thereof on which a "No Trespassing" or similar sign has been posted or erected in a manner reasonably calculated to come to the attention of intruders.
No itinerant merchant or solicitor shall fail or refuse to leave any building, any enclosed or improved real estate or any lot or parcel of ground in the City when requested to do so by the person in possession thereof.
[Ord. No. 387 §10, 12-17-1996]
No person holding a license or identification card nor any agent, member or representative thereof shall advertise, represent or hold out in any manner that such license is an endorsement of the holder by the City.
[Ord. No. 387 §11, 12-17-1996]
The City Clerk may suspend or revoke any license issued under this Chapter for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license;
Fraud, misrepresentation or false statement made in the course of carrying on the applicant's business as an itinerant merchant or solicitor;
Any violation of this Chapter;
Conducting the business of selling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the residents of the City.
To revoke a license, the City Clerk shall immediately notify the licensee at the business or home address of the licensee that the licensee's authority to do business in the City has been suspended pending a hearing before the Board of Alderpersons. Such notice shall be in writing and shall state the reasons of such suspension. The City Clerk shall immediately notify the Mayor who shall call a special meeting of the Board of Alderpersons. Such meeting shall be held within twenty-one (21) days of the issuance of the notice of suspension. Such meeting shall be public and notice of the meeting shall be published in a newspaper of genal circulation in the City. The licensee, whose license has been suspended, shall be notified promptly, in writing, of the date set for such meeting.
At the meeting, the evidence against the licensee shall be heard and the licensee shall be given every opportunity to be heard and to present his/her or its own witnesses or evidence. If the Board of Alderpersons finds any of the causes listed in this Section for revocation applicable to the licensee, the Board of Alderpersons shall immediately make the suspension of the license permanent, shall notify the Better Business Bureau of the City of such revocation and shall, in the next letter to the citizens sent by the Board of Alderpersons, advise the citizens that the license has been revoked.