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13, 2011, repealed ch. 610 "peddlers" and enacted new provisions set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.
[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.
[Ord. No. 2224 §I, 9-13-2011]
The following words, when used in this Chapter, shall have the
meanings set out herein:
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:
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
Distributing a handbill or flyer advertising a non-commercial
event or service.
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.
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.
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:
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
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".
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:
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
Distributing a handbill or flyer advertising a commercial event
or service.
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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.
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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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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;
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
