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5, 2011, repealed ch. 609 "day and seasonal merchants" and enacted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.
[1]
Editor's Note: The title of this Chapter, which was formerly
Day Merchants, Seasonal Merchants and Special Event Promoters, was
amended by Ord. No. 2659, 2-1-2022.
[Ord. No. 1956 §I, 4-5-2011; Ord.
No. 2659, 2-1-2022]
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 therefor as provided herein. Day merchants' permits shall be issued for a period not to exceed twenty-four (24) hours. Seasonal merchants' permits shall be issued for a period of thirty (30) days; a sixty-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 with the exception of an approved farmers market.
[Ord. No. 1956 §I, 4-5-2011; Ord.
No. 2659, 2-1-2022]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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-hour licensed
period.
A collection of farmers, gardeners or vendors selling exclusively
homegrown or homemade products for a certain period of time and on
a regular basis throughout a season.
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.
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.
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.
The site on which the day merchant, seasonal merchant or
special event operates.
[Ord. No. 1956 §I, 4-5-2011; Ord.
No. 2659, 2-1-2022]
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. No animals or livestock shall be butchered at the venue.
4.
If employed, the name and address of the employer, together
with credentials establishing the employment relationship.
5.
Copy of driver's license 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; Ord. No. 2257 §I, 12-15-2015; Ord. No. 2659, 2-1-2022]
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.
4.
Farmers market permit is issued as a weekly venue for up to
a six-month season. Limited to items grown or produced locally by
the farmers' market vendors consisting of fresh fruits, vegetables,
nuts, plants, cut flowers, honey, cider, meat and eggs. Allows for
the sale of products that are made or produced locally in the home
or by the maker's own efforts, including, but not limited to,
birdhouses, bird feeders, crafts and artwork. In no manner shall a
homemade product include a product that is being resold or butchering
of any animal or livestock.
B.
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.
