[CC 1961 §31.01; Ord. No. 2989, 9-6-1988; Ord. No. 3148 §1, 11-19-1990]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- Any person who sells or offers for sale in any wagon, vehicle, or other conveyance, drawn by hand or otherwise, or by motor vehicle, in the streets, by outcry or by going from place to place in the City, any fruit, vegetable, poultry, game, ice cream, or other articles of food. No farmer selling his/her own produce shall be deemed to be a hawker within the meaning of this Chapter.
- Any person who goes from house to house, from place to place, or from street to street, soliciting or taking orders for sale of goods, wares, or merchandise, including magazines, books, periodicals, or personal property, for future delivery, or for service to be performed in the future.
- TRANSIENT MERCHANT
- Any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who shall occupy a building for such purposes in the City for the exhibition and sale of such goods, wares, or merchandise. The sale of Christmas trees hereunder may be sold on a parcel of real property.
[CC 1961 §31.02; Ord. No. 2989, 9-6-1988; Ord. No. 3001 §1, 11-21-1988]
Required. It shall be unlawful for any person to carry on the business of a hawker, peddler, solicitor, or transient merchant without obtaining a license therefor.
Fee. Every person defined to be a hawker, peddler, solicitor, or transient merchant shall procure from the Director of Finance, on or before the sixteenth (16th) day of March of each year, a peddler's, or hawker's license, and shall pay a license fee as required in Chapter 605.
Term. Any new hawker, peddler, solicitor, or transient merchant who applies for a license after the beginning of the usual license year shall be charged therefore on a prorata basis in the proportion that the number of days remaining in the year bears to the total number of days in said year.
Displayed on demand. Every license issued pursuant to this Chapter shall show the place of residence of such hawker, peddler, solicitor, or transient merchant. Each person engaged in such business shall carry the license with him/her and exhibit it whenever required by any Police Officer or other person authorized under the law to enforce the Chapter.
Non-transferable. No license shall be assignable or transferable.
Record of licenses granted. The Director of Finance shall keep a record of the names of all persons to whom a license as a hawker, peddler, solicitor, or transient merchant has been issued, which includes their place of residence and the date of its issuance. Such record shall be open at all times to the inspection of the Chief of Police or any member of the City Police Department or City administration.
Bond. Applicant for a license under this Chapter shall file with the City a surety bond approved by the City Manager in the amount of five hundred dollars ($500.00), conditioned that the applicant shall comply fully with all ordinances of the City and the State of Missouri regulating peddlers, solicitors, and transient merchants, and guaranteeing to any resident of the City that all money paid as a down payment will be accounted for and applied according to the representations of the licensee and further guaranteeing to any resident of the City doing business with the licensee that the property purchased will be delivered according to the representations of the licensee. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given.
Hours Of Operation. No person shall sell or offer for sale in the capacity of a peddler, any goods, wares, and merchandise, or any item, within the corporate limits of the City, except between the hours of 9:00 A.M. and 6:00 P.M., Monday through Saturday. No selling or offering for sale by peddlers shall be done on Sunday.
[CC 1961 §31.03; Ord. No. 2989, 9-6-1988]
Required. It shall be unlawful for any person, firm or corporation to carry on the business of a hawker, peddler, or solicitor unless such person, firm or corporation shall first obtain an identification card as hereinafter provided, and shall acknowledge receipt of a copy of this Chapter. Before soliciting, such person, firm or corporation shall file with the Director of Finance written application for each person who is to solicit. The applicant shall provide the following data:
Full name of applicant.
Local address, if any.
A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and sex.
Social Security number.
A brief description of the proposed activity subject to this identification card requirement.
A statement as to whether or not the applicant has been convicted of any crime, and if so, the nature of the offense and the penalty imposed.
A statement as to whether or not the applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years, and the nature of the offense, the State where the conviction occurred, and the year of such conviction.
The motor vehicle make, model, year, color, vehicle identification number, and State license plate number of any vehicle which may be used in the proposed activity.
A statement by the applicant as to whether a solicitation permit has been denied or revoked by any other governmental entity, and if so, the name of each governmental entity denying or revoking said permit, the reason for each denial or revocation and the date of each denial or revocation.
A statement as to the term of the intended solicitation.
Nature of goods, wares, merchandise, or printed matter offered for sale.
Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods involved.
Name of person, business, or organization licensed by the City of Berkeley.
A specimen of the applicant's signature.
Applicant shall provide such documentation as required by the Director of Finance to verify statements made in the application. Each person in a group solicitation shall be considered a separate applicant. Applicant may provide additional relevant information.
Issuance. Within three (3) working days of the proper filing of such application, the Director of Finance shall issue the requested identification card, unless:
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years.
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
The applicant has had a previous identification card revoked in this or any other governmental entity for cause which would be grounds for denial or revocation under this Chapter.
Fee. There shall be no fee for an identification card.
Term. An identification card issued to a hawker, peddler, or solicitor who has a valid City business license for a business situs within Berkeley corporate limits may be issued for a period of one (1) year for solicitation in conjunction with that business, and said card shall expire thereafter unless renewed. All other identification cards shall expire thirty (30) days after the date of issuance, but may be renewed in the same manner as originally issued.
Investigation. The Chief of Police shall investigate the truth and accuracy of the information contained on the application to determine that the applicant is entitled to the identification card as hereinabove stated.
Denial. If the Director of Finance denies the issuance of an identification card to an applicant, he/she shall prepare promptly, and in no event later than two (2) working days after the denial, a written report of the reason for its denial, which shall be immediately made available to the applicant.
Appeal. If an identification card is denied to an applicant, the applicant shall have at his/her option an appeal relative to the denial of his/her application. Such appeal shall be filed with the City Clerk within ten (10) days of the denial, and a hearing shall be scheduled in accordance with the following:
Within fifteen (15) days of the date on which an appeal is filed, a hearing shall be scheduled before the Municipal Court of the City. Due notice of the date of the hearing shall be given to the applicant and the public.
If the applicant requests a hearing herein, the said hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, and review from the decision shall be had to the Circuit Court of St. Louis County, Missouri, on the record.
Display. When the individual for whom it was issued is acting as a solicitor, the identification card must be worn on the outer clothing of the solicitor, so as to be reasonably visible to any person who might be approached by said solicitor. All identification cards shall, upon demand, be exhibited to any Police Officer or other City Official, and shall be displayed to any person who is being solicited.
Revocation. Any identification card granted hereunder may be revoked by the Municipal Court after the filing of an information by the City Attorney and a hearing thereon for any of the following causes:
Any violation of this Chapter or any other provisions of the Municipal Code by the applicant to whom the particular identification card was issued.
Fraud, misrepresentation, or incorrect statement made in the application for an identification card or in the course of carrying on the activity.
Conviction of a felony or misdemeanor involving moral turpitude.
Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.
No peddler, hawker, or solicitor shall enter upon any private property for the purpose of soliciting where the property is clearly posted in the front yard of said property by a sign visible from the right-of-way, public or private, indicating a prohibition against soliciting at said property. Such sign need not exceed one (1) square foot in size and contain words "No Soliciting" or "No Solicitors" in letters of at least two (2) inches in height.
Any hawker, peddler, or solicitor who shall enter upon any private property for the purpose of soliciting, which property is not posted by a yard sign, as provided in (1) above, but where a notice in the form of a sign or sticker is placed upon any door or entrance-way leading into the residence or dwelling at which guests would normally enter the residence or dwelling, shall, upon sighting said sign, forthwith remove himself/herself from the property, without disturbing the persons living therein. Said sign shall contain letters not less than one (1) inch in height and the words "No Soliciting" or "No Solicitors" and shall be visible to any solicitor or companion approaching the door or entrance-way described herein.
Even though a peddler, hawker, or solicitor obtains the consent of the manager or owner to solicit in a multi-family dwelling or development, the peddler, hawker, or solicitor shall not solicit from any tenant therein whose property is posted in the manner provided in (2) above. For purposes of this paragraph, a "multi-family dwelling" shall be any building containing two (2) or more dwelling units within said building, a "multi-family development" shall be construed as two (2) or more multi-family dwelling buildings owned or managed by the same person(s), firm, or corporation.
No solicitation shall be made except at the front entrance of a residence or dwelling unit, unless the residence or dwelling does not have a front entrance or it is obvious that the front entrance is not used. In that case the peddler, hawker, or solicitor shall use such entrance as is most obviously used as a guest entrance to the residence, but no peddler, hawker, or solicitor shall go from door to door in the residence in an attempt to avoid a "No Solicitors" notice.
No peddler, hawker, or solicitor shall remove any yard sign, door or entrance sign which is placed there by the resident owner, or tenant as a notice to peddlers, hawkers, or solicitors that such owner or tenant does not invite solicitation.
Any peddler, hawker, or solicitor who shall violate any of the provisions of this Section and any Subsections hereof shall commit a trespass on such property, and upon conviction thereof shall be penalized as set forth in Section 100.070 of the Berkeley Municipal Code.
The above provisions shall not apply to any peddler, hawker, or solicitor who shall have received an invitation from the owner of a residence or tenant of a residence or dwelling prior to entering upon any posted property for purposes of solicitation.
Payments To Peddlers, Hawkers, Or Solicitors. When any person soliciting within the City takes any down payment, he/she shall give a written receipt for the order, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares, merchandise, printed matter or services ordered, the total purchase price thereof and the amount of the down payment received by the peddler, hawker, or solicitor from the purchaser.