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18, 2011, repealed ch. 610 and enacted new provisions set out herein.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:
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.
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.
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.
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.
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.
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.
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The licensee may appeal the revocation to the Board of Aldermen in accordance with Section 610.130.
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[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.
