City of Warrenton, MO
Warren County
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Table of Contents
Table of Contents
Editor's Note — Ordinance no. 1956 §I, adopted April 5, 2011, repealed ch. 609 "day and seasonal merchants" and enacted the new provisions set out herein. Former ch. 609 derived from ord. no. 1820 §I, 1-6-09.
[Ord. No. 1956 §I, 4-5-2011]
It shall be unlawful for any person to operate as a day merchant or seasonal merchant or operate a special event, as defined in Section 609.020 of this Chapter, within the corporate limits of this City without first obtaining a permit therefore as provided herein. Day merchant's permits shall be issued for a period not to exceed twenty-four (24) hours. Seasonal merchant's permits shall be issued for a period of thirty (30) days; a sixty (60) day extension for a seasonal merchant's permit can be granted upon the inspection and approval of the venue by the Building Commissioner and/or the Board of Aldermen's designee. A special event promoter's permit shall be issued for special events conducted one (1) to four (4) days.
[Ord. No. 1956 §I, 4-5-2011]
As used in this Chapter, the following terms shall have these prescribed meanings:
DAY MERCHANT
A person who sells goods or services at a roadside or movable display for a single time period not longer than twenty-four (24) hours. A day merchant is prohibited from leaving any goods, displays, or vehicles at the venue longer than the twenty-four (24) hours licensed period.
PROMOTER
The individual, or in the case of a corporation or organization the designated individual, accepting responsibility for organization, supervision and reporting of the special event.
SEASONAL MERCHANT
A person who sells goods at a roadside, movable or temporary display for a time period longer than twenty-four (24) hours and not exceeding ninety (90) days.
SPECIAL EVENT
Any exhibition, display or show involving multiple exhibits or booths for the purpose of selling, trading, bartering or displaying goods or services to the public having a specific duration, usually lasting for less than four (4) days at a time. Special events include, but are not limited, to a church fair, festival, concert, bake sale, hobby show, arts and craft show or similar event.
VENUE
The site on which the day merchant, seasonal merchant or special event operates.
[Ord. No. 1956 §I, 4-5-2011]
A. 
Applicants for permits under this Chapter must file with the Finance Officer or his/her designee a completed application form which shall include, but not be limited to, the following information:
1. 
Name of applicant and all individuals who will be working at the venue.
2. 
Permanent address of the applicant.
3. 
A brief description of the nature of the business and the specific goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant. Any goods that are deemed inappropriate or unhealthy to the general public can be specifically excluded from sale.
4. 
If employed, the name and address of the employer, together with credentials establishing the employment relationship.
5. 
Social security and driver's license numbers for all listed individuals.
6. 
The length of time for which the right to do business is desired.
7. 
If a vehicle is to be used, a description of the same, together with credentials establishing the license number or other means of identification.
8. 
A valid Missouri sales tax license number.
9. 
For a seasonal merchant who uses a temporary structure, a copy of the temporary building permit issued by the Building Commissioner.
10. 
A letter of approval or copy of lease from the owner or agent of the premises to be licensed.
11. 
Any other relevant information required by the City.
[Ord. No. 1956 §I, 4-5-2011]
No person shall act as a day merchant or seasonal merchant within the City without first obtaining an identification card in accordance with this Chapter.
[Ord. No. 1956 §I, 4-5-2011]
A. 
At the time of applying for a special event promoter's permit and in addition to the information required by Section 609.030 herein, a promoter shall submit to the City:
1. 
A site plan for the location where the special event is to be held. At a minimum, the site plan shall identify the location of the special event, each booth, vendor, and vendor space, parking, location of restroom facilities and street access. The special event promoter's permit shall not be issued until the City has approved the location of the special event, the proposed ingress/egress to public streets, the necessity of traffic control and security personnel and the quantity and location of restroom facilities.
2. 
The names of the vendors or exhibitors participating at the special event for which the permit is sought.
3. 
A description of the goods and services to be offered by each booth, vendor and vendor space.
[Ord. No. 2257 §I, 12-15-2015]
The promoter shall be responsible for distributing the necessary sales tax reporting information and forms to any vendor and person with a booth or display participating in the special event. The promoter shall be responsible for reporting the required information to the State of Missouri regarding sales tax of the individual booth, vendor and vendor space. Each permit issued under this Section shall be issued for up to four (4) consecutive calendar days. The dates shall be listed in the application and shall be listed on the permit as issued. Only two (2) temporary special event permits shall be issued per person or organization in a calendar year. Nothing in the foregoing to the contrary notwithstanding, any City sponsored event shall be exempt from the requirements of this Chapter.
[Ord. No. 1956 §I, 4-5-2011]
No permit issued under this Chapter shall be transferable or assignable.
[Ord. No. 1956 §I, 4-5-2011]
No day merchant, seasonal merchant or special event shall have any exclusive right to any location in the public streets, 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 City Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No day merchant, seasonal merchant or special event shall be permitted to operate before 8:00 A.M. central standard time and after 10:00 P.M. central standard time, Monday through Sunday, unless special operating hours are approved by the Board of Aldermen or their designee.
[Ord. No. 1956 §I, 4-5-2011]
No day merchant, seasonal merchant or promoter, nor any person in his/her behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device 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 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 merchant proposes to sell.
[Ord. No. 1956 §I, 4-5-2011]
Merchants and promoters are required to exhibit their permit at the request of any citizen or Law Enforcement Officer.
[Ord. No. 1956 §I, 4-5-2011]
A. 
Permits issued under the provisions of this Chapter may be revoked by the Mayor of this City after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation, false statement or inaccuracies contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as a day or seasonal merchant.
3. 
Any violation of this Chapter.
4. 
Conviction of any crime or misdemeanor involving moral turpitude.
5. 
Conducting the business of a day merchant, seasonal merchant or special event promoter 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.
[Ord. No. 1956 §I, 4-5-2011]
Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage paid to the permittee at his/her permanent address (as shown on his/her application) at least five (5) days prior to the date set for hearing. In the event that a permit holder under this Chapter operates in a manner that creates an immediate risk to the health, safety or general welfare of the citizens of the City, the Chief of Police may take such action to cause the immediate risk to cease.
[Ord. No. 1956 §I, 4-5-2011]
Any person aggrieved by the action of any official in the denial of an application for a permit as provided in Section 609.030, or in the decision with reference to the revocation of a license as provided in Section 609.100, 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 mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Aldermen shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 609.110.