City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[CC 1987 §52.010]
A. 
This Chapter is designed to:
1. 
Prevent undue annoyance of City residents by peddlers and solicitors;
2. 
Maximize the First Amendment rights of peddlers and solicitors, as well as the rights 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 and solicitors are not burglars and criminals in disguise; and
5. 
Attempt to increase the physical safety of peddlers and solicitors who go from place to place within the City.
[CC 1987 §52.020]
A. 
A "peddler" is one who, for profit to himself/herself or his/her principal, sells any goods or service, or seeks a donation for any cause of a profit-making or commercial character.
B. 
A "solicitor" is one who solicits for a charitable, political or religious purpose, even if incidental for such purpose there is the sale of some goods or service.
[CC 1987 §52.030]
A. 
It shall be presumed that an individual is a peddler rather than a solicitor. This presumption may be overcome by:
1. 
A showing that donations to the organization for which one wishes to solicit is exempt from Federal income taxation under Section 503 of the Internal Revenue Code.
2. 
A showing that the organization for which one wishes to solicit is an organization whose primary purpose is to influence public policy.
[CC 1987 §52.040]
No person shall engage in any act as a peddler or solicitor without first obtaining an identification card in accordance with the provisions herein. Any person who does so shall be guilty of a misdemeanor.
[CC 1987 §52.050]
A. 
Any person desiring a peddlers identification card shall pay a fee of twenty-five dollars ($25.00) per card.
B. 
There shall be no fee for a solicitors identification card.
[CC 1987 §52.060]
Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the City Clerk.
[CC 1987 §52.070]
A. 
The applicant shall provide the following information:
1. 
Name of applicant.
2. 
The number of identification cards required.
3. 
A statement as to the type of cards requested.
4. 
If one (1) or more solicitors cards is requested, information required to overcome the presumption of Section 615.030 of this Chapter.
5. 
If one (1) or more peddlers cards is requested, the fee for each card as provided in Section 615.030 of this Chapter.
6. 
The name and physical description (or in lieu thereof a photograph) of each person for which a card is requested. (The Chief of Police is directed to obtain an instant photographic camera, and to offer to any applicant to take photographs for which a reasonable fee not to exceed ten dollars ($10.00) shall be charged. Instead of providing the physical description or photograph, the applicant may exhibit a valid drivers license or similar identification for each person for whom a card is requested, and a photocopy of said identification shall be attached to said application.)
7. 
The permanent and (if any) local address of the applicant.
8. 
The permanent and (if any) local addresses of each person for whom a card is requested.
9. 
A brief description of the proposed activity subject to this identification card requirement.
10. 
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.
11. 
A statement as to each person for whom a card is requested as to whether that individual has been convicted of any crime, and if so, the nature of the offense and the penalty imposed.
12. 
The motor vehicle make, model, year, color and registration number of any vehicle which shall be used in the proposed activity.
13. 
The permanent name and address of the organization or person (with respect to a solicitors card) who can provide a prospective donor with more information about the charity for which funds are solicited, and from whom information can be obtained as to the disposition of all funds collected, or (with respect to a peddler's card) of the individual organization to whom complaints can be made for defective merchandise, who is responsible for any breach of warranty, and from whom additional merchandise can be ordered.
14. 
Name and address of person or organization which is intended to receive donations or profits.
15. 
Any other information the applicant wishes to provide.
[CC 1987 §52.080]
A. 
No person shall be issued a peddlers identification card unless, in addition to the requirements of the preceding Section:
1. 
He/she demonstrates that he/she (or in the case of an agent, his/her principal) has a valid Retail Sales License issued by the State Director of Revenue as required by Section 144.083, RSMo.
2. 
He/she, or his/her principal, deposits with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) per card to secure collection and payment to the State Department of Revenue all City sales taxes due and payable by reason of sales made within this City. Said bond shall be forfeited to the City, if applicant does not (within ninety (90) days of the expiration or surrender of his/her peddlers card) demonstrate by affidavit or otherwise that said sales taxes have been paid.
3. 
He/she demonstrates either that:
a. 
He/she is a licensed itinerant vendor within the meaning of Section 150.380, RSMo., or
b. 
He/she is exempt from said requirement.
4. 
He/she demonstrates either that:
a. 
He/she has a "peddler" license from the County and State as required by Section 150.470, RSMo., or
b. 
He/she is exempt from said requirement.
[CC 1987 §52.090]
A. 
Three (3) working days after the application, or sooner if reasonably possible, the requested identification cards shall be issued, unless:
1. 
The application is incomplete (in which case the City Clerk will reject the application at the time of its tender or within fifteen (15) minutes thereafter).
2. 
The required fee (if any) has not been paid.
3. 
The applicant has been convicted of a felony.
4. 
With respect to a particular card, if the individual for whom a card is requested has been convicted of a felony.
5. 
If any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
6. 
If the applicant, or if the particular individual for whom an identification card is requested, has had a previous identification card revoked.
7. 
If the applicant, or if a particular individual for whom an identification is requested, has made any false statement regarding the peddling of merchandise or the solicitation of persons under this Chapter of any other municipality.
[CC 1987 §52.100]
During the period of time following the application for issuance of one (1) or more identification cards and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time. If the Chief of Police has not completed his/her investigation within the working days that is provided in Section 615.080, the identification will nonetheless be issued.
[CC 1987 §52.110]
If the City Clerk denies the identification card to one (1) or more persons 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 his/her denial which shall immediately be made available to the applicant. The applicant shall be entitled to correct in writing any deficiencies so noted in the report, which corrections or changes when filed shall be treated as a new application.
[CC 1987 §52.120]
A. 
If an identification card is denied to an applicant, the applicant shall have the option of an immediate hearing in front of any of three (3) tribunals at the applicant's option. At such a hearing the City Attorney on behalf of the City Clerk shall be required to demonstrate by the preponderance of the evidence that the applicant is not entitled to an identification card under this Chapter. The applicant may choose to take his/her case before any of the following tribunals:
1. 
The Board of Aldermen, at its next regular meeting, or if the next regular meeting is more than ten (10) days from the denial of the identification card, at a special meeting to be held within that ten (10) day period.
2. 
Before the Circuit Court, provided that such a hearing will be scheduled within ten (10) days of the request; or
[Ord. No. 885, 4-11-2019]
3. 
Before the Circuit Court of Franklin County within the regularly scheduled procedures of the Circuit Court.
[CC 1987 §52.130]
If the applicant requests a hearing under Section 615.120(1) and (2), 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 Franklin County, Missouri on the record. Should applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment action against the City.
[CC 1987 §52.140]
Each identification card shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the peddler or solicitor, so as to be reasonably visible to any person who might be approached by said peddler or solicitor.
[CC 1987 §52.150]
An identification card should be valid within the meaning of this Chapter for a period of three (3) months from its date of issuance; thereafter, it shall expire. An applicant with an expired identification card shall be considered as having no identification card whatsoever and will be required to apply for a new card if he/she wishes to peddle or solicit within the City.
[CC 1987 §52.160]
A. 
Any identification card granted hereunder may be revoked by the Circuit Court after the filing of an information by the Prosecuting Attorney and a hearing thereon for any of the following causes:
[Ord. No. 885, 4-11-2019]
1. 
Any violation of this Chapter by applicant or the person for whom the particular card was issued.
2. 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.
3. 
Conviction of a felony.
4. 
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.
[CC 1987 §52.170]
A. 
No person having a solicitor or peddler card shall:
1. 
Enter or remain on private property where he/she has reason to believe that the residents thereof have indicated the solicitor or peddler is not welcome.
2. 
Make an uninvited entry into a resident's home.
3. 
Refuse to discontinue his/her message when requested by a hearer to do so, when on private property occupied by the hearer.
4. 
Enter upon any private property, knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor or peddler, either by a posted sign or otherwise.
[CC 1987 §52.180]
Any resident of the City may list his/her property with the City Clerk, and direct that his/her property is not to be entered by any solicitor or peddler. This list shall be available for public inspection. Upon the issuance of any solicitor or peddler's license, a copy of the list shall be provided with each card. No card holder may enter the private property nor contact any person so listed. (Such listing shall continue for two (2) years, unless listee requests sooner removal, at which time the listing shall be removed, unless the listee shall request the same be continued an additional two (2) years.)
[CC 1987 §52.190]
A. 
No person shall solicit or peddle within the corporate limits of the City except within the time limits prescribed in this Section:
1. 
From 9:00 A.M. until 9:00 P.M. Monday through Friday, and from 10:00 A.M. until 10:00 P.M. on Saturday and Sunday.
2. 
Notwithstanding Subparagraph (1) above, no person shall peddle or solicit at any time after sunset on any day unless:
a. 
He/she is dressed in light colored or reflective clothing.
b. 
He/she has notified the Chief of Police of his/her intention to solicit after dark.
[CC 1987 §52.200]
A. 
No person having a peddlers identification card shall peddle or solicit merchandise:
1. 
At any place except within the business district of the City as defined by its zoning ordinances, or within twenty-five (25) feet to any non-conforming commercial establishment.
2. 
Outside of the area provided in Subparagraph (1) above unless he/she has a specific oral or written invitation to approach the dwelling.
This Chapter shall not apply to any person who solicits individuals on real estate in which the person or his/her principal has an ownership or leasehold interest.