City of Sullivan, MO
Franklin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note — Ord. no. 3490 §1, adopted October 18, 2011, repealed ch. 610 and enacted new provisions set out herein. Former ch. 610 derived from CC 1979 §§52.010 — 52.130.
[Ord. No. 3490 §1, 10-18-2011]
It is the policy of the City of Sullivan, Missouri, to regulate the activities of solicitors, canvassers and peddlers in order to promote and protect the public health, safety and welfare. It is not the intent of this Chapter to interfere with or infringe upon the constitutionally protected right to freedom of speech or assembly, except to the minimum extent necessary to ensure the safety and right to privacy of the citizens of Sullivan, Missouri.
[Ord. No. 3490 §1, 10-18-2011]
As used in this Chapter, the following terms shall have these prescribed meanings:
CANVASSERS
One engaged in business of a temporary or transient nature that goes from door to door traveling by foot, automobile, truck or any other type of conveyance, as principal, agent or otherwise, in an effort to take or secure orders for goods, services or merchandise without prior specific invitation or appointment.
DOOR TO DOOR
From a residence to another or from a business location to another or from a residence to a business location or from a business location to a residence or any other combination involving residences and/or business locations.
PEDDLERS
One engaged in business of a temporary or transient nature that goes from door to door traveling by foot, automobile, truck or any other conveyance, as principal, agent or otherwise, in an effort to sell goods, services, wares or other commodities without prior specific invitation or appointment.
SOLICITOR
One engaged in business of a temporary or transient nature that either goes from door to door without prior specific invitation, traveling by foot, automobile, truck or any other conveyance or from one locality which is not a permanent structure, who attempts to lure another person into a business or commercial ventures of any type.
STREET PEDDLER (VENDOR)
One engaged in business of a temporary or transient nature who sells or offers to sell from one (1) locality which is not a permanent structure or building affixed to land, goods, services, wares, merchandise or other commodities.
TEMPORARY OR TRANSIENT VENDOR
One engaged in business anywhere within the City of Sullivan who does not intend to become and does not become a permanent merchant at such place. For the purposes of this Chapter, the terms "temporary or transient vendor" shall mean less than one hundred twenty (120) consecutive days or less than one hundred eighty (180) days within a calendar year. Any person or entity which does business within the City of Sullivan in excess of the foregoing time restrictions shall not be eligible for a "solicitor's, canvasser's, peddler's license" or "street peddlers" and shall be required to comply in all respects with City ordinances regarding the operation of businesses within the City of Sullivan.
[Ord. No. 3490 §1, 10-18-2011]
A. 
It shall be unlawful for any person to engage in the business of peddler as defined in Section 610.020 of this Chapter within the corporate limits of this City without first obtaining a license therefor as provided herein.
B. 
It shall be unlawful for any person, whether engaged in business or not, in the public rights-of-way to solicit, offer for sale or transact the sale of goods or services, or to seek donations or contributions, or distribute materials to persons situated within vehicles which are located within the right-of-way of any public road, street or highway regardless if such is for a commercial, charitable or non-profit purpose. Nothing in this Section shall be deemed to prohibit otherwise lawful non-commercial activities on sidewalks or other designated areas where such activities clearly do not hinder or stop vehicular traffic or adversely affect public safety. The prohibition with regard to public rights-of-way shall not apply to community sponsored activities provided that prior to such activity the sponsoring community organization has first obtained permission therefore from the City.
[Ord. No. 3490 §1, 10-18-2011]
A. 
Each individual canvasser, solicitor, peddler or street peddler (vendor), must have an individual license under this Chapter. Each vendor must file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information:
1. 
Name, description of the applicant, and a valid photo ID.
2. 
Address (local and permanent) and cell phone number.
3. 
A brief description of the nature of the business and the goods or services to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant.
4. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The length of time for which the right to do business is desired.
6. 
If a vehicle is to be used, a description of the same, together with credentials establishing the license number or other means of identification.
7. 
A statement as to whether or not 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.
[Ord. No. 3490 §1, 10-18-2011]
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good. Such an investigation is deemed by the City to be necessary in order to protect the public interest due to the fact that such activities involve unsolicited contact with persons which is usually at a person's residence. There shall be a waiting period of two (2) business days in order to afford necessary time to complete the investigation and to process the application with respect to those businesses for which an investigation is required by this Chapter.
1. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the said application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no license will be issued.
2. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his/her approval. Upon receipt of the approved application, the City Clerk, upon payment of the prescribed license fee, shall deliver to the applicant his/her license. The Clerk shall keep a record of all licenses issued.
[Ord. No. 3490 §1, 10-18-2011]
The fees for licenses required under this Chapter shall be as set out in Section 160.240 of this Code.
[Ord. No. 3490 §1, 10-18-2011]
No license issued under this Chapter shall be transferable or assignable.
[Ord. No. 3490 §1, 10-18-2011]
Not-for-profit organizations are exempt. In order to prove exemption, proof of an organization's tax-exempt or not-for-profit status from the Internal Revenue Service or Missouri Department of Revenue is required.
[Ord. No. 3490 §1, 10-18-2011]
No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purpose of this Chapter, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[Ord. No. 3490 §1, 10-18-2011]
No peddler, nor any person in his/her behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of said City or upon any private premises in the said City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[Ord. No. 3490 §1, 10-18-2011]
Peddlers are required to exhibit their licenses at the request of any citizen.
[Ord. No. 3490 §1, 10-18-2011]
Licenses will only be valid from 8:00 A.M. until 8:00 P.M. Operating outside of this time is prohibited.
[Ord. No. 3490 §1, 10-18-2011]
A. 
Licenses issued under the provisions of this Chapter may be revoked by the Mayor or Chief of Police for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as peddler.
3. 
Any violation of this Chapter.
4. 
Conviction of any crime or misdemeanor involving moral turpitude.
5. 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
The licensee may appeal the revocation to the Board of Aldermen in accordance with Section 610.130.
[Ord. No. 3490 §1, 10-18-2011]
The issuing officer shall maintain a list of persons within the City who restrict visits to their residential property (including their leasehold, in the case of a tenant) by peddlers, solicitors, and canvassers. The issuing officer may provide a form to assist residents. This "no visit" list shall be a public document and available for public inspection and copying. A copy of the "no visit" list shall be provided to each applicant. The licensee shall be prohibited from entering upon any private property where the current occupant has posted the property on the City "no visit" list.
[Ord. No. 3490 §1, 10-18-2011]
Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the grounds of complaint. Any notice to any licensee shall be delivered in person by a City of Sullivan Police Officer, or shall be mailed postpaid to the licensee at his/her permanent address (as shown on his/her application).
[Ord. No. 3490 §1, 10-18-2011]
Any person aggrieved by the action of the Chief of Police or the Mayor in the denial of an application for a license as provided in Section 610.050 or in the decision with reference to the revocation of a license as provided in Section 610.130 shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been delivered, or mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for a hearing on such appeal within fourteen (14) days of the City Clerk receiving notice of the appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 610.150. The burden of proof of the denial of an application, or its revocation, shall be on the City. Any decision of the Board of Aldermen on the appeal shall be subject to review by the Circuit Court by proceedings in the nature of certiorari. An action in the Circuit Court to review the City's actions must be filed within thirty (30) days of the Board of Aldermen's final decision.