[Ord. No. 22-2347, 3-2022]
Nothing in this Chapter shall be construed as to prohibit the
lawful practice of any person, firm, corporation, or other entity,
whether a resident of the City or not, which attempts to make personal
contact with a resident at their residence without prior specific
invitation or appointment from the resident for the primary purpose
of attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, or some
patriotic, philanthropic social service, welfare, benevolent, educational,
civic, fraternal, charitable purpose or cause even if incidental to
such purpose the canvasser accepts a donation of money for or against
such cause or if incidental to such donation there is a promise of
some good or service; or distributing a handbill or flyer advertising
a non-commercial event or service.
[Ord. No. 22-2347, 3-2022]
A.
Prior
to engaging in commercial solicitation activities within the City,
each person who will engage in those activities within the City must
have submitted an application and administration fee to and have been
issued a valid commercial solicitor's license ("CSL") by the City.
An applicant for a CSL must file with the City Clerk a sworn application
in writing and in duplicate on a form to be furnished by the City
Clerk, which shall give the following information:
1.
The name and description of the applicant;
2.
The permanent home address and telephone number and full local address
and telephone number of the applicant;
3.
A brief description of the nature of the business and the goods sold,
and a copy of any of the marketing material if available;
4.
If employed, the name and address of the employer, with credentials
establishing the exact relationship;
5.
The City Clerk shall issue the license for the period of time sought
by the applicant as long as such time period does not exceed one (1)
month;
6.
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;
7.
The City shall take a photograph of the applicant and attach the
image to the application;
8.
A statement as to whether 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. Also,
whether the applicant has ever had a charter, registration permit
or license denied, suspended, revoked, or enjoined by any court or
governmental authority;
9.
A copy of the State sales tax license or a State registration certificate
must be provided;
10.
A State Highway Patrol check must be provided from the State of the
applicant's permanent residence issued not more than six (6) months
prior to the date of application;
11.
The year, make, and model of the vehicle that will be used and names
of people who will be riding in the vehicles; and
B.
At
the time of filing the application, an administration fee of fifty
dollars ($50.00) shall be paid to the City Clerk to cover the cost
of processing the application for a CSL. The application fee shall
be used to defray the cost of the City's investigation of the proposed
applicant.
C.
Upon submission of a completed application form and payment of both the administration fee and the license fee, the City Clerk shall initiate the investigation of the truth and accuracy of the information contained in the application as soon as possible, but in no event shall such investigation delay the issuance of a card more than one (1) hour. If the investigation cannot be completed within such time, the CSL shall be issued by the City Clerk immediately. The City Clerk shall deny/revoke issuance a CSL and an identification badge per Section 610.070 if a timely investigation reveals that:
1.
The applicant has been convicted of Section 566.032, RSMo., statutory
rape and attempt to commit; or Section 566.067, RSMo., child molestation,
first degree; or Section 566. 068, RSMo., child molestation, second
degree; or Section 566.083, RSMo., sexual misconduct involving a child;
or Section 566.086, RSMo., sexual contact with a student while on
public school property; or Section 566.151, RSMo., enticement of a
child; or Section 566.212, RSMo., sexual trafficking of a child; or
Section 566.213, RSMo., sexual trafficking of a child under age twelve;
or Subsection 2 of Section 568.020, RSMo., incest; or Section 568.045,
RSMo., endangering the welfare of a child in the first degree; or
Subsection 2 of Section 568.080, RSMo., use of a child in a sexual
performance; or Section 568.090, RSMo., promoting a sexual performance
by a child; or Section 573.023, RSMo., sexual exploitation of a minor;
or Section 573.025, RSMo., promoting child pornography; or Section
573.035, RSMo., promoting child pornography in the second degree;
or Section 573.037, RSMo., possession of child pornography; or Section
573.040, RSMo., furnishing pornographic material to minors within
the past seven (7) years; or
2.
Any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
D.
If
a CSL issues before the investigation can be completed and if the
investigation subsequently reveals that the card should have been
denied because of one (1) or more factors listed in the preceding
Subsection, then the City Clerk shall administratively revoke the
CSL.
E.
If
the City Clerk denies or revokes a CSL and identification badge, he/she
shall immediately convey the decision to the applicant orally and
prepare a written report of the reason for the denial, which shall
be immediately made available to the applicant. The applicant may
then request, within five (5) days of the denial/revocation, an immediate
appeal of the City Clerk's decision to the City Administrator who
shall hold a hearing as soon as possible to determine if the revocation
or denial by the City Clerk was proper under authority of this Chapter.
Any appeal from the decision of the City Administrator shall be made
within thirty (30) days to the Circuit Court of St. Louis County.
F.
Upon
the expiration of a CSL, the same applicant, person, firm, corporation
or other entity are ineligible to apply for or renew their license
for a period of thirty (30) days.
G.
Nothing herein pertaining to CSLs shall apply to recognized charitable organizations or any other bona fide, non-profit, charitable, educational, political, social welfare or religious organization involved in canvassing activities, except that all such persons, firms, corporations or other entities shall not engage in any of the unlawful practices set forth in Section 610.050, nor engage in canvassing outside of the permitted hours of operation set forth in Section 610.110.
H.
Commercial solicitors shall not engage in any of the unlawful practices set forth in Section 610.050, nor engage in soliciting outside of the permitted hours of operation set forth in Section 610.110. Commercial solicitors shall be subject to the penalties addressed in Section 610.120 upon any finding that such person has violated the requirements of Section 610.050, 610.110 or 610.120 and additionally may have their CSL suspended or revoked per Section 610.100.
[Ord. No. 22-2347, 3-2022]
The commercial solicitor's license fee, which shall be charged
by the City Clerk for the license required by this Chapter, shall
be ten dollars ($10.00) per day. No license fee shall be transferable
from one (1) licensee to another. The license fee shall be used to
defray the cost of any potential investigation of unlawful practices
by the proposed applicant.
[Ord. No. 22-2347, 3-2022]
A.
The
following acts and practices are hereby declared unlawful as applied
to the planning, conduct, or execution of any solicitation by a solicitor
or canvasser:
1.
Operating in violation of, or failing to comply with, any of the
requirements of this Chapter.
2.
Utilizing any unfair or deceptive acts or practices. In deciding
whether an act or practice is unfair or deceptive within the meaning
of the Subsection, definitions, standards, and interpretations relating
thereto under Chapter 407, RSMo., shall apply.
3.
Misrepresenting or misleading anyone in any manner to believe that
any other person sponsors, endorses, or approves such solicitation
when such other person has not given consent in writing to the use
of their name for these purposes.
4.
Utilizing or exploiting the fact of registration or licensing to
lead any person to believe that such registration or licensing in
any manner constitutes an endorsement or approval by the City.
5.
Refusing or failing to leave any building, any enclosed or improved
real estate, lot, parcel of ground or any other private property in
the City when requested to leave by the owner or occupant.
6.
Soliciting at a residence or business where a "No Soliciting" sign
or its equivalent is posted.
[Ord. No. 22-2347, 3-2022]
Commercial solicitors are required to always maintain on their
person a valid, current commercial solicitor's license issued by and
on file with the City and to exhibit their licenses at the request
of any Police Officer, City official, or resident.
[Ord. No. 22-2347, 3-2022]
In addition to the commercial solicitor's license, the City
Clerk shall issue to each licensee at the time of delivery of the
commercial solicitor's license as required by this Chapter a badge
which shall contain the words "licensed 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 soliciting,
be worn constantly by the licensee on the front of their outer garment
in such a way as to be conspicuous.
[Ord. No. 22-2347, 3-2022]
A.
It
shall be the duty of any Police Officer to require any person seen
soliciting to be duly licensed, to produce their commercial solicitor's
license, to wear their badge in a conspicuous manner, and to enforce
the provisions of this Chapter against any person found to be violating
the same.
[Ord. No. 22-2347, 3-2022]
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
thereof.
[Ord. No. 22-2347, 3-2022]
A.
The
license of any commercial solicitor issued under this Chapter who
makes a false statement or misrepresentation in an application for
license, or who otherwise violates any provision of this Chapter,
or who conducts the business of soliciting in an unlawful manner or
in such manner as to constitute a menace to the health, safety, or
general welfare of the public, may be temporarily suspended or revoked
by the City Clerk for a period not to exceed ten (10) days.
B.
In the
event of such temporary suspension or revocation, a notice of temporary
suspension or revocation shall be mailed to the licensee and their
employer at their respective last known addresses, certified mail
return requested. Said notice of suspension or revocation shall also
provide a notice of hearing before the City Administrator setting
forth specifically the grounds of the complaint and the time and place
of the hearing. Said notice shall be mailed to the licensee and their
employer at least five (5) days prior to the hearing.
C.
After
notice and hearing, the City Administrator may issue an order permanently
suspending or revoking the license. Said order shall be mailed, postage
prepaid, to the licensee at their last known address.
D.
No activity for which a license was issued under this Chapter 610 shall occur during the period of suspension or revocation or before the completion of such hearing before the City Administrator.
E.
Upon
the City Administrator determining that two (2) or more violations
of this Chapter have occurred by one (1) or more licensees who are
soliciting for the same business/employer within a 12-month period,
the City Clerk shall provide written notice to such business/employer
that the business/employer shall be barred from having any employees
or other representatives engage in soliciting activities in the City
for a period of twenty (20) days.
[Ord. No. 22-2347, 3-2022]
All persons, firms, corporations, or other entities engaging
in solicitation or canvassing shall be permitted to conduct such activities
within the City only between the hours of 9:00 A.M. and 7:00 P.M.
