[R.O. of 1966 §410.010]
It shall be unlawful for any person to engage in the business of peddler, solicitor or canvasser, as defined in Section 610.020, Subsection (A) and (B) of this Chapter, within the corporate limits of the City of Plattsburg, without first obtaining a permit and license therefor as provided herein.
[R.O. of 1966 §410.020]
The following definitions shall apply in this Chapter:
The word "peddler" as used herein shall
include any person, whether a resident of the City of Plattsburg or
not, traveling by foot, wagon, automotive vehicle, or any other type
of conveyance, from place to place, from house to house, or from street
to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale, or making sales and delivering
articles to purchasers. The word "peddler" shall
include the words "hawker" and "huckster".
A "canvasser" or "solicitor" is defined as any individual, whether a resident of the City of
Plattsburg or not, traveling either by foot, wagon, automobile, motor
truck, or any other type of conveyance, from place to place, from
house to house, or from street to street, taking or attempting to
take orders for sale of goods, wares and merchandise, personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not.
[R.O. of 1966 §410.030]
Upon receipt of the application provided for in Section 610.050 of this Chapter, 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 deems necessary for the protection of the public good. 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 disapproval and his reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. 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 approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application to the City Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of the fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in peddling, canvassing or soliciting. The City Clerk shall keep a permanent record of all licenses issued.
[R.O. of 1966 §410.040]
A.
The license
fee shall be:
1.
Peddlers. Ten dollars ($10.00) per week, fifteen dollars
($15.00) per month, or thirty dollars ($30.00) per year for each person
proposing to peddle; ten dollars ($10.00) per week, fifteen dollars
($15.00) per month, or thirty dollar ($30.00) per year for each helper,
or assistant, which helper or assistant must procure the permit and
license as herein provided for peddlers, or three dollars ($3.00)
per day per person.
2.
Canvassers or Solicitors. Ten dollars ($10.00) per week,
fifteen dollars ($15.00) per month, or thirty dollars ($30.00) per
year for each person proposing to canvass or solicit; ten dollars
($10.00) per week, fifteen dollars ($15.00) per month, or thirty dollars
($30.00) per year for each helper or assistant, which helper or assistant
must procure the permit and license as herein provided for canvassers
or solicitors.
3.
Basis of Fees. For the purpose of this Section any period
of seven (7) calendar days or less shall be considered one (1) week;
any period of more than seven (7) calendar days and not more than
thirty (30) calendar days shall be considered one (1) month; and any
period of more than thirty (30) calendar days and not more than one
(1) calendar year shall be treated as a year. The annual fees herein
provided for shall be assessed on a calendar year basis and on and
after July first (1st) the amount of the fee for such annual license
shall be one-half (½) of the amount stipulated for the remainder
of the year.
[R.O. of 1966 §410.050]
A.
Applicants
for permit and license under this Chapter must file with the City
Clerk a sworn application in writing, in duplicate, on a form to be
furnished by the City Clerk, which shall give the following information:
1.
Name
and description of the applicant;
2.
Address,
legal and local;
3.
A brief
description of the nature of the business and the goods 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.
The
place where the goods or property proposed to be sold, or orders taken
for the sale thereof, are manufactured or produced, where such goods
or products are located at the time said application is filed, and
the proposed method of delivery;
7.
If a
vehicle is to be used, a description of the same, together with license
number or other means of identification;
8.
A photograph
of the applicant, taken within sixty (60) days immediately prior to
the date of the filing of the application, which picture shall be
two (2) inches by two (2) inches, showing the head and shoulders of
the applicant in a clear and distinguishing manner;
9.
A statement
as to whether or not the applicant has been convicted of any crime,
misdemeanor, or violation of any municipal ordinances, the nature
of the offense and the punishment or penalty assessed therefor;
10.
Applicant
shall file with his application a statement by a reputable physician
of Clinton County, Missouri, dated not more than ten (10) days prior
to submission of the application, certifying the applicant to be free
of infectious, contagious, or communicable diseases.
[R.O. of 1966 §410.060]
The City Clerk shall issue to each licensee at the time of delivery
of his license two (2) license plates for each vehicle to be used,
plus a metal badge for each individual licensed under this Chapter.
The license plates or badges shall bear the words "Licensed Peddler",
"Licensed Solicitor" or "Licensed Canvasser", the period for which
the license is issued, and the number of the license in letters and
figures plainly discernable. License plates shall be attached to the
vehicle used by the licensee, either on both sides or on the front
and rear of the vehicle so used. Such badge shall be worn constantly
by the licensee on the front of his hat or outer garment in such a
way as to be conspicuous during such time as said licensee is engaged
in peddling, soliciting or canvassing.
[R.O. of 1966 §410.070]
No license or badge issued under the provisions of this Chapter
shall be used or worn at any time by any person other than the one
to whom it was issued.
[R.O. of 1966 §410.080]
No peddler, solicitor, canvasser, nor any person in their 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 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.
[R.O. of 1966 §410.090]
Peddlers, solicitors, and canvassers are required to exhibit
their licenses at the request of any citizen.
[R.O. of 1966 §410.100]
It shall be the duty of the Chief of Police to require any person
seen peddling, soliciting or canvassing, who is not known by such
officer to be duly licensed, to produce his license and to enforce
the provisions of this Chapter against any person found to be violating
the same.
[R.O. of 1966 §410.110]
The Chief of Police shall report to the City Clerk all convictions
for violations of this Chapter and the City Clerk shall maintain a
record for each license issued and record the reports of violation
therein.
[R.O. of 1966 §410.120]
A.
Permits
and licenses issued under the provisions of this Chapter may be revoked
by the Board of Aldermen of the City of Plattsburg after notice and
hearing, 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 business as peddler, solicitor or canvasser.
3.
Any
violation of this Chapter.
4.
Conviction
of any crime or misdemeanor involving moral turpitude.
5.
Conducting
the business of peddling, soliciting or canvassing 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.
B.
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 prepaid, to
the licensee at his last known address at least five (5) days prior
to the date set for hearing.
[R.O. of 1966 §410.130]
All annual licenses issued under the provisions of this Chapter
shall expire on the thirty-first (31st) day of December in the year
when issued. Other than annual licenses shall expire on the date specified
in the license.
