Editor’s Note: In this Chapter the word "Sheriff" is changed to "Chief of Police"; the words "Sheriff’s Deputy" are changed to "police officer"; and the words "Sheriff’s Department" are changed to "Police Department" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §1, 2-24-2011]
As used in this Chapter, the following terms shall have the following meanings, except where the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision to the contrary with the specific provision controlling:
- Any person who applies for a license as required by any ordinance of the County of St. Charles.
- Most recently published Code of the County of St. Charles as amended from time to time.
- COUNTY REGISTRAR OR REGISTRAR
- The County Registrar for the County of St. Charles.
- DISORDERLY CONDUCT
- Any conduct defined in the Ordinances of St. Charles County, Missouri, as disorderly conduct.
- ITINERANT VENDOR (ALSO KNOWN AS PEDDLERS, HAWKERS OR TRANSIENT VENDORS)
- Any person, not authorized to engage in temporary sales by Section 405.427, OSCCMo., whether as owner, agent, consignee or employee, who engages in a temporary business outside of those in Section 405.427 for any period of time and who for the purpose of conducting such business occupies or uses any parcel of road or right-of-way land, building, tent, room, apartment, shop, store, structure, or uses a vehicle parked on premises where said person does not have the exclusive right of possession under ownership, lease or rental agreement, or any other non-permanent location or other place within the County for the purpose of offering to purchase or sell such goods, wares and merchandise, either privately, publicly or at public auction.
- 1. Exclusions. The aforesaid definition shall not apply to:
- 2. Itinerant vendors shall be classified into one (1) of the following three (3) categories:
- b. Charitable. Includes any one (1) or more of the following activities:
- (1) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any individual, firm, corporation, organization, association or group which is organized as or sponsored by an entity organized as a non-profit entity under laws of any State in the United States or of the Federal Government or recognized as such by the tax of any State of the United States or of the Federal Government.
- (2) Seeking to obtain money, clothing or any other valuable thing in return for literature, artifacts or goods of any individual, firm, corporation, organization, association or group which is registered as a non-profit organization under laws of any State in the United States or of the Federal Government.
- c. Commercial. Includes any one (1) or more of the following activities:
- (1) Seeking to sell or to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or other services, goods or contracts of any kind, character or description whatever, for any kind of consideration whatever, or dissemination thereof without consideration;
- (2) Requesting information on the background, occupation, economic status, social status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings or the like of any person for the actual or alleged purpose of compiling such information as raw data or refined data into a document, record, book or directory to be sold, or to be used wholly or in part for commercial purposes; excepting persons conducting a census under the laws of the State of Missouri and the United States;
- (3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publications; or
- (4) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any individual, firm, corporation, organization, association or group not falling within the definition of "charitable soliciting" as set forth above.
- 3. Operations selling their excess homegrown produce at their property pursuant to Section 405.427, OSCCMo., shall not be considered itinerant vendors and shall not be required to be licensed. Itinerant vendors may not be licensed for operation in residentially zoned areas.
- LICENSED PEDDLER/SOLICITOR (ALSO KNOWN AS HAWKER, HUCKSTER AND TRANSIENT MERCHANT)
- Includes any person who has complied with the requirements for licensing as herein provided for as a peddler/solicitor.
- Any person, business or other legal entity receiving a license pursuant to this Chapter.
- PEDDLER/SOLICITOR (ALSO KNOWN AS HAWKER, HUCKSTER AND TRANSIENT WORKER/ MERCHANT)
- A person or group who conducts a business, profession, or occupation by traveling to individual residential units in a door-to-door manner.
- The definition shall specifically include, but not be limited to, selling of goods, wares and merchandise and the act of soliciting as defined herein. Operations selling their excess homegrown produce at their property shall not be considered peddlers/solicitors and shall not be required to be licensed.
- Any individual, co-partnership, firm, association, company or combination of individuals of whatever form or character.
- Every device, whether mechanically propelled or drawn, in or by which any person or property is or may be moved upon a public highway, except devices moved only by human or animal power or a device which works exclusively upon stationary rails or tracks and shall include trailers and semi-tractors.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §2, 2-24-2011]
Nothing in this Chapter shall be construed to relieve the peddler/solicitor or itinerant vendor from being responsible at all times for his own safety. St. Charles County does not assume responsibility for ensuring the safety of any peddler/solicitor or itinerant vendor.
[Ord. No. 10-073 §1, 9-9-2010]
It is the policy of the County to regulate the activities of peddlers/solicitors and itinerant vendors in such a way as to be fully apprised of such activities in order to protect and further the health, safety and welfare of its residents by preserving the right of residents and other persons within the County to peaceful enjoyment of privacy and freedom from harassment. No restraint of trade and no detriment to beneficial causes is intended by this Chapter, other than as necessary and appropriate to ensure the convenience and domestic tranquility of such residents and persons. Nothing in this Chapter prohibits, interferes or inhibits persons traveling door to door soliciting, informing, distributing material or otherwise engaging in first amendment speech concerning political candidates or political issues.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §3, 2-24-2011]
With the exception of Section 606.170 and Section 606.175, the provisions of this Chapter shall not apply to the following activities:
Canvas activities as defined above;
Door-to-door contact by officers or employees of a County, State or Federal Government, or any subdivision thereof, when on duty and on official business;
Any solicitation conducted entirely by mail or by telephone;
Temporary outdoor sales authorized by Section 405.427, OSCCMo.;
Any business, profession or occupation specifically identified in this or other County ordinances, or operating under another license issued by St. Charles County, or having its principal place of business in St. Charles County or in neighboring Counties.
The provisions of this Chapter shall not apply to the following activities:
[Ord. No. 10-073 §1, 9-9-2010]
Except as otherwise provided in this Chapter, every individual desiring to engage in any type of peddling/soliciting, as defined in this act, to owners and occupants of residences within the unincorporated area of the County is hereby required to:
Make written application to the County Chief of Police for a license as hereinafter provided; and no person shall be permitted to engage in peddling/soliciting in the unincorporated area of the County unless that person has been issued a license.
Carry such license on his/her person and, upon demand, exhibit his/her license to any police officer or other certified Peace Officer, County Official or any owner or occupant upon whose property he/she is peddling/soliciting.
Carry on his/her person an identification card with a photograph which has been approved and/or provided by the County as part of the license issuance with the name of the individual and the name of the organization, corporation, association or group for which the person will be peddling/soliciting.
Immediately prior to any peddler/solicitor requesting any information from any owner or occupant of any residential property within the unincorporated area of the County, he/she shall present his/her identification card or badge to the owner or occupant and request that the owner or occupant read the identification card or badge.
[Ord. No. 10-073 §1, 9-9-2010]
There shall exist two (2) different licenses issued pursuant to this Chapter with the shorter being a license term not to exceed four (4) consecutive days and the longer being a license term not to exceed seven (7) consecutive days. The fee for each license term is to be based upon the County's costs for issuing such license and approved by the Director of Administration and such fee schedule so established shall be available from the Police Department. In no event shall more than the actual cost of issuance of the license be charged as the fee. If two (2) or more such licenses are sought within twelve (12) months by the same licensee, whether or not applied for via different agents or representatives, then the second (2nd) and each successive license thereafter shall be for a period of seven (7) consecutive days and shall be charged the fee described on the fee schedule as approved by the Director of Administration and available from the Police Department.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §4, 2-24-2011]
Application For A License And Filing Fee. Any person desiring to engage in peddling/soliciting in the unincorporated area of this County shall file, on a form to be supplied by the Chief of Police and approved by the County Counselor, an application with the County Registrar stating the following and shall pay the appropriate non-refundable filing fee as set forth on the fee schedule approved by the Director of Administration and available at the Police Department and the Registrar's Office.
Name of applicant.
Permanent home address of the applicant.
Name and address of the individuals, firm, corporation, organization, association or group represented, if other than self.
Nature of merchandise to be sold or offered for sale, the nature of the services to be furnished, or purpose for peddling/soliciting.
Date on which he/she desires to commence peddling/soliciting.
Period of time for which a certificate is requested.
The make, model, year, color and license number and State of licensing of the applicant's motor vehicle.
Place or places of residence of the applicant for the preceding three (3) years.
Names of other communities in Missouri in which the applicant has worked as a peddler/solicitor in the past two (2) years.
Name of other communities in Missouri in which the individual, firm, corporation, organization, association or group for which applicant is peddling/soliciting has engaged in peddling/soliciting in the past two (2) years.
Whether or not the applicant has ever been convicted of a violation of a felony under laws of the State of Missouri or any other State or Federal law of the United States.
Said application shall also be accompanied by a letter or other written statement from the individual, firm, corporation, organization, association or group for which the applicant will be peddling/soliciting certifying that the applicant is authorized to act as a representative of that individual, firm, corporation, organization, association or group.
The applicant shall upon request submit to fingerprinting and photographing by the Police Department in connection with the application for the license.
When more than one (1) individual plans to peddle/solicit for the same corporation, organization, association or group, each such individual must fill out an application and each such individual shall pay the filing fee set out in the approved fee schedule.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
Applicant's State sales and use tax number as required by Chapter 144, RSMo.
Processing Of Application Of Peddler/Solicitor. The County Registrar shall cause to be kept in his/her office an accurate record of every application received, together with all other information and data pertaining thereto and all licenses or exemptions issued under the provisions of this Chapter and of the denial of applications. Applications for license shall be numbered in consecutive order as filed; and every license issued, and any renewal thereof, shall be identified with a duplicate number of the application upon which it was issued. Within two (2) working days of receipt of the application by the County Registrar, the original of said application shall be referred to the County Chief of Police for investigation.
Investigation And Approval Of Peddler/Solicitor.
The County Chief of Police may cause such investigation to be made of the applicant's business and moral character and the business and moral character of the individual, firm, corporation, organization, association or group for which the applicant will be peddling/soliciting as he deems necessary for the protection of the public good. The County Chief of Police shall endorse on such application his approval or shall state the reason for refusal and shall then forward the application and his determination to the County Registrar within ten (10) working days from the date of receipt of the application by the County Chief of Police.
The Chief of Police shall approve applications, unless:
The individual requesting the license has, within two (2) years of the date of the application:
Been convicted of the commission of a felony under the laws of Missouri or any other State or Federal law of the United States;
Been convicted of a violation of any of the provisions of this Chapter;
Lost his/her license by revocation as herein provided;
Been convicted of a crime, misdemeanor or violation of any ordinance concerning canvassing or peddling/soliciting; or
Falsified any information required by this Chapter as a part of the application process;
Is a registered sex offender in any jurisdiction.
The individual, firm, corporation, association, organization or group for which the applicant will be peddling/soliciting has, within two (2) years of the date of the application:
Been convicted of a violation of any provisions of this Chapter;
Lost its license by revocation as herein provided;
Been convicted of a crime, misdemeanor or violation of any ordinance concerning peddling/soliciting; or
Been convicted of a felony or misdemeanor involving or found civilly liable for fraud or misrepresentation in peddling/soliciting or misuse of such funds.
Notice Of Refusal Of Application For Peddler/Solicitor License. If, as a result of such investigation, the applicant is not entitled to receive a license under this Chapter for any of the reasons set forth in Subsection (C) "Investigation and Approval" of this Section 606.165, the County Registrar shall notify the applicant that his/her application is disapproved and that no certificate will be issued. Such notice shall be accompanied by a copy of the applicant's application with the Chief of Police's endorsements and reasons endorsed upon it.
Issuance Of License For Peddler/Solicitor.
By Registrar. If, after such investigation, the applicant is found to be entitled to receive a license under this Chapter, the County Chief of Police shall endorse on the application his/her approval and upon payment of all fees, if any, required by this Chapter or any other ordinance deliver to the applicant his license. The Chief of Police shall then forward a copy of such license to the Registrar.
Contents of license. Such license shall contain the signature and Seal of the County Registrar and the Chief of Police and shall show the name and address of the individual, firm, corporation, organization, association or group and shall show the kind of solicitation to be made thereunder, the date of issuance of the license and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle to be used in such peddling/soliciting. The Registrar shall keep a permanent record of all licenses issued.
Identification. As a part of the issuance of the license by the Chief of Police, a suitable form of identification shall be approved by the County Registrar to identify the individual being licensed and the organization, corporation, association or group for which the individual will be peddling/soliciting. An identification card or badge with a photograph may be required by the County Registrar to be obtained from the County at cost if no other form of identification is approved. Such identification card shall contain the name of the individual, the name of the organization, corporation, association or group for which the individual will be peddling/soliciting and substantially the following wording: "This card does not indicate an endorsement by the County of any product or service".
[Ord. No. 10-073 §1, 9-9-2010]
It is hereby declared to be unlawful for any person licensed as a peddler/solicitor to enter inside a residence within the County, not having been invited or requested to do so by the owner or occupant of such residence.
Any peddler/solicitor, who has gained lawful entrance to any residence, shall immediately and peacefully depart from the residence when requested to do so by the owner or occupant thereof or failing same shall be guilty of a misdemeanor.
When any peddler/solicitor shall receive partial payment for goods, wares, merchandise, foodstuffs, service or subscription from any person within the County, he/she shall execute and give to such person a written receipt therefor, which receipt shall be legibly signed by the peddler/solicitor and shall set forth a brief description of the item or items ordered, the total purchase price thereof including the principal and separately any interest or service charge and the amount of the partial payment received by the peddler/solicitor from such person.
Every owner or occupant who desires to prevent peddling/soliciting on their property shall comply with the following requirements:
Notice of the determination by the owner or occupant of the refusal of an invitation to peddlers/solicitors to enter upon the property shall be given by notice posted on the property in the manner following:
A weatherproof card approximately three (3) inches by four (4) inches in size with letters at least two (2) inches in height shall be exhibited upon or near the main entrance door to the building, indicating such a determination by the owner or occupant and containing the following words:
"No Solicitors Invited".
For purpose of uniformity the cards shall be provided by the County to persons requesting them at no cost. Posting of this card shall constitute sufficient notice to any peddler/ solicitor of the determination by the owner or occupant of the property of the information contained on it.
It shall be the duty of any person engaging in the business of peddling/soliciting, whether licensed under this Chapter as a peddler/solicitor or not, upon going onto any property in the County to first examine and look for the notice provided for in this Section, if any is posted, and be governed by the statement contained on any notice. If the notice states "No Solicitors Invited", then such person, whether licensed or not, shall immediately and peacefully depart from the premises or failing same shall be guilty of a misdemeanor.
[Ord. No. 10-073 §1, 9-9-2010]
It shall be the duty of the County Chief of Police, as well as the County Registrar, to see that the provisions of this Chapter pertaining to peddler/solicitor are enforced and obeyed. The County Chief of Police shall at all times keep vigilant watch for any violation and shall issue summons in case of any violation detected, whether or not any complaint has been made. Violation of this Chapter shall be a misdemeanor.
The Clerk of the Municipal Court shall report to the County Registrar all convictions for violation of this Chapter pertaining to peddler/solicitor and the County Registrar shall maintain a record for each license issued and record their reports of violation therein.
[Ord. No. 10-073 §1, 9-9-2010; Ord. No. 11-006 §5, 2-24-2011]
Any license issued pursuant to this Chapter may be revoked by written order of the Chief of Police or his designee because of any violation by the licensee of this Chapter or any other ordinance of the County, or of State or Federal law, or upon proof that the licensee has been participating in disorderly conduct, fraud or misrepresentation in connection with his/her solicitation, or whenever the licensee shall cease to possess the qualifications and character required in this Chapter for the original licensing. The licensee shall promptly be mailed written notice of such decision.
Any person aggrieved by the decision of the Chief of Police or his designee to deny or revoke a license shall have the right to appeal to the Director of Administration.
Each license shall expire at the end of the term for which it was issued.
[Ord. No. 10-073 §1, 9-9-2010]
Application Fee. Any person(s) desiring to operate as an itinerant vendor in the County shall file with the County Registrar, on a form to be supplied by the County Registrar and approved by the County Counselor, an application stating the following and shall pay the appropriate non-refundable filing fee defined within Subsection (J) of this Section:
Name of applicant;
Permanent home address of the applicant;
Name and address of the individuals, firm, corporation, organization and association or group represented, if other than self;
Nature of merchandise to be sold or offered for sale, the nature of services to be furnished or purpose for conducting business;
Date on which he/she desires to commence conducting business; and date of previous license issued during this calendar year, if any;
Each and every location where such activities shall be conducted;
Period of time for which a license is requested;
Whether or not the applicant has ever been convicted of a violation of a felony under laws of the State of Missouri or any other State or Federal law of the United States;
Zoning category where the activity is to be conducted and be accompanied by written permission of the property owner for use of the property, if other than the applicant; and
Applicant's State sales and use tax number as required by Chapter 144, RSMo.
Vacant lot/parking lot requirements must be met when applicable.
If a structure is to be constructed, a building permit must be obtained and other building and Fire Department requirements must be met.
An occupancy permit must be obtained prior to issuance of a license.
Upon determination that all requirements have been met, the County Registrar shall issue the license.
The County Registrar shall keep all applications and records of licenses issued on file.
Applicants seeking to operate as an itinerant vendor shall seek and obtain use review and approval from the Division of Planning and Zoning for each and every proposed location at which the proposed vending activities are to be conducted prior to conducting such activities. The use review and approval at the Division of Planning and Zoning shall not be necessary for:
Entities and individuals that possess a validly issued annual business license from the County of St. Charles who seek to conduct vending activities outside of any permanent structure located on the licensed real property for a period of time not to exceed five (5) days and the said vending activities to be conducted are related to the business activities regularly conducted by the licensed entity or individual except to the extent that Section 405.427(C) of the Unified Development Ordinance of St. Charles County, Missouri, provides otherwise; or
Charitable entities that have registered with the County of St. Charles by providing a valid not-for-profit letter from the State of Missouri and seek to operate as itinerant vendor for no more than five (5) days in areas not prohibited in Subsection (G)(2) above.
Entities and individuals seeking to operate inside of an enclosed shopping mall for which a valid business license has been issued by the County.
For events conducted one (1) to four (4) days under the sponsorship of a single organization, the itinerant vendors may conduct business on the license obtained by the sponsor, who shall meet all the provisions of this Section for such license, including a listing of the name, address and State sales and use tax numbers of all of the vendors participating in the event.
There shall exist an itinerant vendor license issued pursuant to this Section for a license term not to exceed four (4) consecutive days. The fee for each license term is listed on the fee schedule approved by the Director of Administration and available at the Police Department. If two (2) or more such licenses are sought within a calendar year by the same licensee, whether or not applied for via different agents or representatives, then the second (2nd) and each successive license thereafter shall be for a period of four (4) days and shall be known and described as an "Additional Four (4) Day License."