City of Richmond, MO
Ray County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2224 §I, adopted September 13, 2011, repealed ch. 610 "peddlers" and enacted new provisions set out herein. Former ch. 610 derived from CC 1974 §§12-162 — 12-167, 12-174 — 12-181.

Section 610.001 Purpose of Article.

[Ord. No. 2224 §I, 9-13-2011]
A. 
This Chapter is designed to:
1. 
Prevent undue annoyance of City residents by peddlers, solicitors and canvassers;
2. 
Maximize the first amendment rights of peddlers, solicitors and canvassers as well as the right of City residents to be secure in their homes;
3. 
Reduce the opportunity for crime within the City;
4. 
Attempt to provide some assurance to residents of the City that peddlers, solicitors and canvassers are not burglars and criminals in disguise; and
5. 
Attempt to increase the physical safety of peddlers, solicitors and canvassers who go from place to place within the City.

Section 610.010 Definitions.

[Ord. No. 2224 §I, 9-13-2011]
The following words, when used in this Chapter, shall have the meanings set out herein:
CANVASSER
Any person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
HAWKER
Any person who attempts to sell a good or service by shouting his goods or services for sale in the street or by making personal contact with a resident at his residence without prior specific invitation or appointment from the resident.
ITINERANT MERCHANT
Any person not maintaining a permanent place of business within the City who sells or offers to sell merchandise or services directly to an ultimate consumer. This Chapter shall not apply to local benevolent organizations conducting sales to raise funds for civic enterprises nor to salesmen selling to local wholesale or retail merchants or to manufacturers or industries. This Chapter shall apply to all itinerant merchants including those who call on residents in their homes, those who set up temporary offices or salesrooms and those who operate from trucks or other mobile salesrooms.
PEDDLER
Any person who attempts to make personal contact with a resident at his residence or a specific business at the business location without prior specific invitation or appointment from the resident or business for the primary purpose of attempting to sell a good or service for profit to himself or his principal, or seeks a donation for any cause of a profit-making or commercial character. The definition of peddler shall include: hawker, itinerant merchants, and transient vendors.
Peddler shall not include:
1. 
A student of an educational institution who attempts to make personal contact with a resident at his residence or a business at the business location without prior specific invitation or appointment from the resident or business for the primary purpose of attempting to sell a good or service as a fundraising activity for the benefit of an educational program or non-profit organization; or
2. 
A person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit, such a person is a "solicitor".
SOLICITOR
Any person who attempts to make personal contact with a resident at his residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to:
1. 
Obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, education, civic, fraternal, charitable, political or religious purpose, even if incident to such purpose there is the sale of some good or service; or
2. 
Distributing a handbill or flyer advertising a commercial event or service.
Solicitor shall not include a student of an educational institution who attempts to make personal contact with a resident at his residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to obtain a donation as part of a fundraising activity for the benefit of an educational program or non-profit organization.
TRANSIENT VENDOR
Any person who offers to sell new merchandise to the public at temporary premises who does not have a permanent fixed location in the City. The definition of transient vendor does not include any person selling goods by sample, brochure, or catalog, or sales for future delivery.

Section 610.020 Permit Requirements and Exemptions.

[Ord. No. 2224 §I, 9-13-2011]
A. 
It shall be unlawful for any person to engage in peddling or solicitation activities within the City without first obtaining a permit issued by the City pursuant to Chapter 610, Article II; provided however, that the following are exempted from the provisions of this Chapter:
1. 
Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
2. 
Any solicitation made upon premises owned or occupied by an organization, business or residence in which the peddler or solicitor is requested or invited for the purpose of engaging in business;
3. 
Any distribution of handbills, flyers, pamphlets, or other written materials to residences that advertise or promote a political, religious, charitable, or other non-commercial position, event, or service;
4. 
Sale, or soliciting of orders for the sale, of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce grown or produced by the person selling the same.

Section 610.030 Entry Upon Signed Premises Unlawful.

[Ord. No. 2224 §I, 9-13-2011]
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor to enter upon any residential premises in the City where the owner, occupant, tenant or person legally in charge of the premises has posted at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers", "No Solicitors", or words of similar import. Any sign posted at the entry to the premises which is a minimum of ten (10) square inches shall be presumed to be adequate notice to a peddler or solicitor.

Section 610.040 Peddler or Solicitor Refusing to Leave.

[Ord. No. 2224 §I, 9-13-2011]
Any peddler or solicitor who enters upon premises owned or leased by another and willfully refuses to leave said premises after having been notified by the owner or possessor of the premises, or his/her agent, to leave the premises shall be deemed guilty of a misdemeanor.

Section 610.050 Hours of Operation.

[Ord. No. 2224 §I, 9-13-2011]
It shall be unlawful for any peddler or solicitor to engage in the business of peddling between the hours of one-half (½) hour before sunset and 9:00 A.M. the following morning, or at any time on Sundays except by specific appointment with or invitation from the prospective customer.

Section 610.060 Compliance With Provisions Prerequisite to Engaging in Business.

[Ord. No. 2224 §I, 9-13-2011]
All peddlers and solicitors must comply with the provisions of this Chapter at least forty-eight (48) hours prior to going in or upon any private residence within the City for the purpose of engaging in business as a peddler or solicitor, unless requested or invited to do so by the owner or occupant thereof.

Section 610.070 Required.

[Ord. No. 2224 §I, 9-13-2011]
It shall be unlawful for any person to engage in business as a peddler or solicitor within the City without first having applied for and obtained a permit to do so from the City Collector and without first paying the fee required by Section 610.090 of Chapter 610. The permit required by this Chapter is in addition to and not in lieu of any business license such person may be required to obtain under the provisions of this Code.

Section 610.080 Application.

[Ord. No. 2224 §I, 9-13-2011]
A. 
Any person desiring a permit to engage in business as a peddler or solicitor within the City shall make written application to the City, which application shall show and contain the following:
1. 
The name and address of the applicant;
2. 
The name and address of the person, if any, that the applicant represents;
3. 
The kind of goods or services offered for sale;
4. 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery;
5. 
The period of time such applicant wishes to engage in such business within the City;
6. 
Whether or not the applicant has ever been convicted of a felony and, if so, the complete circumstances thereof; and
7. 
The last five (5) cities wherein the applicant has worked before coming to the City.

Section 610.090 Fees, Bond and Exemptions From Payment of Fees.

[Ord. No. 2224 §I, 9-13-2011]
A. 
At the time the application is filed with the City Collector, the applicant shall pay a fee to cover the cost to the City of processing the application and investigating the facts stated therein.
B. 
The fee for issuance of the permit shall be:
1. 
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City, no fee.
2. 
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a fee of five dollars ($5.00) per day.
3. 
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence), no fee.
4. 
For a canvasser requesting a permit (for the purpose of reassuring City residents of the canvasser's good faith), no fee.
C. 
At the time the application is filed with the City Collector, the applicant shall deposit a surety bond in the amount of one hundred dollars ($100.00) or letter of credit in the amount of one hundred dollars ($100.00) to secure collection and payment to the Missouri State Department of Revenue all City sales tax due and payable by reason of sales made within the City. Such bond or letter of credit shall be forfeited to the City if the applicant does not, within ninety (90) days of the expiration of the permit, demonstrate by affidavit or otherwise that such sales taxes have been paid.

Section 610.100 Issuance.

[Ord. No. 2224 §I, 9-13-2011]
A. 
Two (2) working days after the application, fee and bond, or sooner if reasonably possible, the requested peddler's or solicitor's permit shall be issued, unless:
1. 
The application is incomplete;
2. 
The required fee has not been paid;
3. 
The required bond or letter of credit is not included with the application;
4. 
The applicant has been convicted of one (1) or more of the following felonies within the past five (5) years:
a. 
Theft;
b. 
A crime against property;
c. 
A crime against person; or
d. 
Any conviction resulting from a charge related to peddling or soliciting;
5. 
Any statement provided by the applicant on the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect;
6. 
The applicant has had a previous permit revoked; or
7. 
The applicant has made false statements regarding the peddling of merchandise or solicitation of persons under a similar ordinance or code provision of any other municipality.

Section 610.105 Hearing After Denial or Revocation.

[Ord. No. 2224 §I, 9-13-2011]
A. 
If a permit is denied to an applicant, the City Collector shall immediately convey the decision to the applicant orally and shall within sixteen (16) working hours after the denial prepare a written report of the reason for the denial which shall be immediately made available to the applicant. Upon receipt of the oral notification, and even before the preparation of the written report, the applicant shall have at his/her option the right to appeal the denial of his/her application before the City Council at its next regularly scheduled meeting, or if the next regular meeting is more than ten (10) days from the denial of the application, at a special meeting to be held within that ten (10) day period, due notice of which is to be given to the public and applicant.
B. 
The hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, and review from the decision (on the record of the hearing) shall be had to the Circuit Court of Ray County. The hearing shall also be subject to the Missouri Open Meetings and Records laws.

Section 610.110 Contents.

[Ord. No. 2224 §I, 9-13-2011]
Each permit issued under the provisions of this Article shall be signed by the City Clerk, shall be dated as of the date of its issuance, and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as herein required, or which was issued in violation of this Section, shall be void.

Section 610.120 Duration.

[Ord. No. 2224 §I, 9-13-2011]
Every permit issued under the provisions of this Article shall be valid for the period of time stated therein.

Section 610.130 Display.

[Ord. No. 2224 §I, 9-13-2011]
Every permittee under the provisions of this Article and doing business within the City shall display his/her permit upon request of any person, and failure to so display such permit shall be deemed a misdemeanor.

Section 610.140 Revocations.

[Ord. No. 2224 §I, 9-13-2011]
Any permit issued under the provisions of this Article may be revoked for the violation by the permittee of any applicable provision of this Code, State law or City ordinance, rule or regulation. The permittee may appeal such revocation as provided in Section 610.105.

Section 610.150 Distribution of Handbills and Commercial Flyers.

[Ord. No. 2224 §I, 9-13-2011]
A. 
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at, or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at, or attached to any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at, or attached to any property having a "No Solicitor" type sign.

Section 610.160 Violation to Be Prosecuted as Trespass.

[Ord. No. 2224 §I, 9-13-2011]
Any person violating any part of this Chapter shall have committed a trespass on such property, and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.