[R.O. 2012 §610.005; Ord. No. 1481 §1, 5-17-2011]
It shall be unlawful for any solicitor/peddler or transient merchant as defined herein to engage in such business within the corporate limits of the City of Warson Woods without first registering with the City Clerk for a license for such business in compliance with the provisions contained herein and pursuant to the authority prescribed by Section 94.110, RSMo. Notwithstanding anything to the contrary herein, however, all recognized charitable organizations or any other bona fide, non-profit, charitable, educational, political, social welfare or religious organization shall be exempt from the terms of this Chapter except that all persons, firms, corporations or other entities engaging in solicitation or transient merchant activities within the City shall comply with the hours of operation set forth in Section 610.070 below.
[R.O. 2012 §610.010; Ord. No. 1481 §1, 5-17-2011]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person, firm, corporation or other entity, whether a
resident of the City of Warson Woods or not, which attempts to make
personal contact with a resident at his/her 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, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
Distributing a handbill or flyer advertising a non-commercial
event or service.
Engaging in the activities described above.
Any area outside a permanent building or structure, including,
but not limited to, any motor vehicle, tent, railroad boxcar or boat,
or any street, alley or other place within the City which is used
for the exhibition of products, merchandise, services or personal
property of any nature whatsoever and which is located either:
In the public right-of-way (whether from a fixed location or
mobile, whether within or outside of an automobile, by use of a stand
or display, or otherwise); or
Upon property not owned or leased for a term of one (1) year
or more by the person engaged in the sale of goods, where the sale
of goods occurs immediately adjacent to, or is visible from, the public
right-of-way.
Any person, firm, corporation or other entity, whether a
resident of the City of Warson Woods or not, traveling either by foot,
automobile, motor truck or any other type of conveyance from place
to place, from house to house or from street to street directly selling
goods, wares, merchandise, personal property of any nature whatsoever
or services, or taking or attempting to take orders for, or distributing
information, whether written or oral, pertaining to the sale of goods,
wares and merchandise, personal property of any nature whatsoever,
or services, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale or whether he/she is
collecting advance payments on such sales or not.
Engaging in the activities described in the definition of
SOLICITOR/PEDDLER above.
Any person, firm corporation or other entity, whether a resident
of the City of Warson Woods or not, which engages in the sale of goods,
foods, wares, merchandise, personal property of any nature whatsoever
or services from an outdoor sales location as defined above. 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 dealer, trader, merchant or auctioneer.
Engaging in the activities described above. Nothing herein
shall apply to the delivery of goods or services to a dwelling by
appointment or other regularly scheduled delivery date.
[R.O. 2012 §610.020; Ord. No. 1481 §1, 5-17-2011]
A.
Prior to engaging in solicitation or transient merchant activities within the City, each person who will engage in those activities within the City must have submitted a written application and administration fee to, and have been issued a valid license by the City of Warson Woods. Each license is unique to the individual who is seeking to undertake solicitation or transient merchant activities. There shall be a waiting period of up to five (5) business days for the City Clerk to confirm the completion of the application in accordance with this Section and to complete the inquiry under Section 610.040 of this Chapter. The license issued by the City shall, unless revoked by the City, entitle the holder to conduct his or her business within the City in compliance with this Chapter for the time period prescribed therein.
Written application shall be made to the City Clerk on a form
supplied by the City. The applicant shall at a minimum provide the
City with the following information:
1.
Full
name, phone number, and address of the person seeking the license;
and
2.
The
full name, phone number, and address of the applicant's supervisor,
manager, employer, supplier, and/or other person to whom the applicant
is accountable; and
3.
The
full legal name, phone number, and address of the business or entity
with whom the applicant is associated; and
4.
The
type or nature of the business in which the licensee will engage within
the City and for which the license is desired; and
5.
A general
description of the thing or things to be sold, or copies of literature
to be distributed may be substituted for this description at the option
of the applicant; and
6.
The
length of time for which the license is desired (not to exceed six
(6) months); and
7.
A statement
as to whether or not the applicant has been convicted of any crime
within the last five (5) years, and if so, the nature of the offense
and the penalty imposed; and
8.
A statement
by the applicants to whether such a permit has been denied or revoked
by any other governmental entity, and if so, the name of each governmental
entity denying or revoking said permit, the reason for each denial
or revocation, and the date of each denial or revocation; and
9.
The
place of residence of the applicant for the five (5) years immediately
preceding the date of the application; and
10.
All
applicants shall provide proof of identification in the form of any
documentary evidence recognized by the Missouri Department of Revenue
when processing an application for a driver's license, or any document
issued by the Federal Government or State of the United States that
confirms a person's identity; and
11.
Where
the solicitation or transient merchant activities involve sales of
food, a copy of a County Health Department permit, may be requested
at a later time by the City Clerk in order to complete the review
process of the application; and
12.
In
case of transient merchants, if a vehicle will be used in connection
with the transient merchant activity, the applicant shall provide:
a.
A
copy of a valid driver's license and a copy of proof of insurance;
and
b.
Proof
of vehicle registration and licensing for all vehicles to be used
in connection with the transient merchant activities; and
c.
The outdoor sales location(s), as defined in Section 610.010, where the business is to be carried on; and
d.
A
description of the vehicle to be used, including:
(1)
The name and address of the owner of the vehicle as registered with
the Missouri Department of Revenue or other equivalent State agency;
and
(2)
A description of the vehicle, giving the name of the manufacturer,
serial number, motor number, the name of the record owner, and any
other insignia appearing thereon; and
(3)
The date of purchase of the vehicle and the name and address of the
person from whom acquired; and
(4)
If the applicant is not the owner, the interest of the applicant
in said vehicle; and
(5)
If any person other than the applicant has any interest whatsoever
in the vehicle, the name, address, and interest of each such person.
13.
In
case of a solicitor/peddler, such applicant shall also provide:
a.
The
web address, where applicable, for the organization, person or group
where residents having subsequent questions or concerns can go for
more information; and
b.
A
copy of the principal's sales tax license as issued by the State of
Missouri provided that no copy of a license shall be required of any
business which appears on the City's annual report of sales tax payees
as provided by the Missouri Department of Revenue.
14.
Any
other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where the applicant engages or engaged in similar activities, etc.
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A registration shall be required for all persons who will physically be undertaking solicitation or transient merchant activities within the City. The blank applications shall be issued, in addition to any license fee required by Chapter 605, to cover the cost of investigation in determining whether a license shall be issued, on payment of ten dollars ($10.00) or such amount as may be set by the City Clerk from time to time to cover administrative costs, which amount shall be credited on the license fee if the license is granted. In the event that the application is denied, no refunds of the investigation fee shall be made. The City Clerk shall not issue a license to any person who fails to fully complete the registration form. Failure to supply the City with truthful information shall be a violation of this Section and grounds to deny the license.
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[R.O. 2012 §610.030; Ord. No. 1481 §1, 5-17-2011]
In the event that the applicant shall have more than one (1) employee or agent operating in the City, the applicant shall secure a permit or license for each such employee or agent so operating in the City and each such employee or agent shall submit a like application, paying therewith a fee of ten dollars ($10.00) as set forth in Section 610.020 hereof.
[R.O. 2012 §610.040; Ord. No. 1481 §1, 5-17-2011]
Due to the likelihood that a solicitor's/peddler's or transient
merchant's activities will involve entry upon a person's real property,
the direct interaction with persons under the age of eighteen (18),
over the age of sixty (60), and disabled persons, the City Clerk,
upon receipt of written application for issuance of a license, shall
cause a due and proper inquiry to be made into the character of all
applicants. The City Clerk shall not grant a license to any person
who has pleaded guilty or nolo contendere to, or been convicted of,
violating any of the provisions 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; Section
573.040, RSMo., furnishing pornographic material to minors; Section
570.145, RSMo., financial exploitation of the elderly and disabled;
or any felony relating to weapon offenses, theft, fraudulent activities,
property damage, or crimes against the person including, but not limited
to, burglary, robbery, assault, murder, fraud, or arson as such felonies
are defined in Chapter 569, RSMo., Chapter 565, RSMo., Chapter 571,
RSMo., and Chapter 570, RSMo.
[R.O. 2012 §610.050; Ord. No. 1481 §1, 5-17-2011]
A license issued under the provisions of this Chapter shall
not authorize any person or persons, except the identical person(s)
named in said license, to engage in business thereunder, and such
license shall not be transferable. It shall be considered a violation
of this Chapter to allow another person, other than the person named
in the license, to use the license in any manner.
[R.O. 2012 §610.060; Ord. No. 1481 §1, 5-17-2011]
While engaging in solicitation or transient merchant activities
within the City, solicitors/peddlers or transient merchants must at
all times display on their person in an obvious and observable manner
a valid, current license issued by and on file with the City.
[R.O. 2012 §610.070; Ord. No. 1481 §1, 5-17-2011]
All persons, firms, corporations or other entities engaging
in solicitation or transient merchant activities shall be permitted
to conduct such activities within the City only between the hours
of 9:00 A.M. and 5:00 P.M., Monday through Saturday.
[R.O. 2012 §610.080; Ord. No. 1481 §1, 5-17-2011]
No person, firm, corporation or other entity engaged in solicitation,
canvassing or transient merchant activities shall fail or refuse 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.
[R.O. 2012 §610.090; Ord. No. 1481 §1, 5-17-2011]
A.
No solicitor/peddler,
canvasser or transient merchant shall:
1.
Enter
upon any private property where the property has clearly posted a
sign or decal visible from the right-of-way (public or private) indicating
a prohibition against solicitation, canvassing and/or transient merchant
activities. Such sign or decal need not exceed one (1) square foot
in size and may contain words such as "No Soliciting" or "No Solicitors";
and
2.
Remain
upon any private property where a notice in the form of a sign or
decal, which contains the words "No Soliciting" or "No Solicitors",
is placed upon any door or entranceway leading into the residence
or dwelling through which guests would normally enter, and is visible;
and
3.
Use
or attempt to use any entrance other than the front or main entrance
to the dwelling, including any designated path to that front door.
If the residence or dwelling does not have a front entrance or it
is obvious that the front entrance is not used, he/she shall use such
entrance as is most obviously used as a guest entrance, but he/she
shall not go from door to door in the residence in an attempt to avoid
a "No Solicitation" or "No Solicitors" sign or decal nor travel across
the grass, garden or yard area of a dwelling; and
4.
Remove
any yard sign, door or entrance sign or decal that gives notice to
such person that the resident or occupant does not invite visitors;
and
5.
Misrepresent
or make false, deceptive or misleading statements concerning the quality,
quantity or character of any service or goods offered for sale, the
purpose of his/her visit, his/her identity or the identity of the
organization he/she represents.
B.
In addition
to the other regulations contained herein, a solicitor/peddler, canvasser
or transient merchant leaving handbills or flyers about the community
shall observe the following regulations:
1.
No handbill
or flyer shall be left at or attached to any sign, utility pole, transit
shelter or other structure within the public right-of-way. The City
may remove any handbill or flyer found within the right-of-way; and
2.
No handbill
or flyer shall be left at or attached to any privately owned property
in a manner that causes damage to such privately owned property; and
C.
Transient merchants selling goods, wares, merchandise, personal property of any nature whatsoever or services at an outdoor sales location(s) defined in Section 610.010 shall not vend on streets where the speed limit exceeds thirty (30) miles per hour.
D.
A transient
merchant utilizing a vehicle in a transient merchant activity shall
observe the following regulations:
1.
A transient
merchant shall not drive in reverse in order to make or attempt a
sale and shall observe all traffic regulations; and
2.
A transient
merchant shall not permit any person under sixteen (16) years of age
nor any unauthorized person to ride in or on the vehicle; and
3.
A person
shall not ride in or on a vehicle utilized in a transient merchant
activity unless employed by its owner or unless authorized in writing
to do so by the owner.
F.
The prohibitions
in this Section shall also not apply when a solicitor/peddler, canvasser
or transient merchant wishes to place an ad or the like in any newspaper
of general circulation in the City.
[R.O. 2012 §610.100; Ord. No. 1481 §1, 5-17-2011]
A.
Any license
issued under the provisions of this Chapter shall be subject to revocation
by the City Clerk upon satisfactory proof of a violation of the provisions
of this Chapter by such licensee, provided however, that such licensee
shall be given notice of such proposed revocation and reasonable opportunity
to appear before the City Clerk at the hearing when such revocation
is considered.
1.
Grounds for suspension or revocation. The grounds for suspension
or revocation of a license issued pursuant to this Chapter shall include,
but not be limited to, the following actions:
a.
The
license held by the licensee was obtained through materially false
statements in the application for such license or renewal thereof;
or
b.
The
licensee failed to make a complete disclosure of all pertinent information
in the application for such license or renewal thereof; or
c.
The
licensee, since the issuance of such license, has ceased to be the
person actually engaged in the activity for which the license was
issued; or
d.
Anything
has occurred which would render the licensee or the licensed premises
ineligible or unsuitable for a license under the provisions of this
Chapter; or
e.
That
such licensee is in violation of any Federal, State, County or City
law; or
f.
That
the conduct of the business violates, or the licensed premises or
the licensee are in violation of, any provision of the City Code or
State law; or
g.
A
license is 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; or
h.
A
licensee has otherwise violated any of the provisions of this Chapter.
2.
Procedure.
a.
The
Police Chief shall conduct a hearing to determine if any license issued
under authority of this Chapter should be suspended or revoked.
b.
The
licensee shall be given not less than five (5) days' written notice
prior to the hearing. The notice shall set out the reasons for which
the hearing is called and shall command the person holding the license
to be present at such hearing and show cause, if any, why such license
should not be suspended or revoked. Such notice shall be served by
mailing said notice to the licensee at the address given in the application
for the license hereunder. The Police Chief shall render a final decision
and report such decision to the licensee within five (5) business
days after the date of the hearing.
[R.O. 2012 §610.110; Ord. No. 1481 §1, 5-17-2011]
No license shall be valid for a period of more than six (6)
months.
[R.O. 2012 §610.120; Ord. No. 1481 §1, 5-17-2011]
No person under eighteen (18) years of age shall be eligible
to obtain a license under this Chapter.
[R.O. 2012 §610.130; Ord. No. 1481 §1, 5-17-2011]
A.
SPONSOR
VENDOR PROGRAM
VENDORS
Definitions. For the purposes of this Section, the following
terms shall be deemed to have the meaning indicated below:
Any person, firm, partnership, association, corporation,
or other entity, or any combination of the same, which acts as a sponsor
in organizing and coordinating a vendor program.
Any five (5) or more vendors doing business in concert and
in coordination for a period of seventy-two (72) hours or less in
a district zoned as commercial by the City.
Any itinerant merchants, hawkers, peddlers, brokers, vendors,
sellers or buyers which do not normally engage in business within
the City.
B.
Vendor Program Sponsor License. Any sponsor must obtain a vendor program sponsor license from the City for each vendor program. Any applicant for this license must file an application with the City Clerk substantially similar to the application specified in Section 610.020 of the Code. Before obtaining the vendor program sponsor license, the sponsor must submit a notice to the State Department of Revenue, and a copy of such notice must have been received by the City, listing each individual vendor who will participate in the vendor program and listing the sales tax number of each such vendor.
C.
License Fee. The cost of a vendor program sponsor license
shall be one hundred dollars ($100.00).
D.
No License For Vendors. Notwithstanding any other provision
of this Title, if a sponsor obtains a vendor program sponsor license,
the individual vendors in the vendor program covered by the license
shall not be required to obtain any business license from the City
to engage in their business through the vendor program.
[R.O. 2012 §610.140; Ord. No. 1481 §1, 5-17-2011]
Any person, firm, corporation or other entity violating any of the provisions of this Chapter shall be subject to the penalties prescribed under Section 100.220 of the Municipal Code of the City of Warson Woods.
