City of Maryville, MO
Nodaway County
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Table of Contents
Table of Contents
[R.O. 2008 §620.010; Ord. No. 6837 §§1 — 2, 6-26-2006]
It shall be unlawful for any canvasser or solicitor, peddler or itinerant merchant to engage in such businesses within the corporate limits of the City without first obtaining a permit and license therefor in compliance with the provisions of this Chapter. Any person, firm, entity or corporation, association, club or society which is determined to be non-profit in nature is not required to adhere to the provisions outlined in this Chapter.
[R.O. 2008 §620.020; Ord. No. 6837 §§1 — 2, 6-26-2006]
For the purpose of this Chapter, the following terms shall have the meanings designated herein:
CANVASSER or SOLICITOR
Any individual traveling by foot, motor vehicle or any other type of conveyance, taking or attempting to take orders for sale of goods, wares or merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future. This definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, boat or any other place within the City for the purpose of exhibition of samples and taking orders for future delivery.
ITINERANT MERCHANT
Any person, firm, entity or corporation, whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares or merchandise within the City and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, boat or any street, alley or other place within the City for the exhibition or sale of such goods, wares or merchandise, either privately or at public auction. The person, firm, entity or corporation so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
PEDDLER
Any person traveling by foot, motor vehicle or any other type of conveyance from place to place, carrying, conveying or transporting goods, wares or merchandise, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle or other vehicle or conveyance.
[R.O. 2008 §620.030; Ord. No. 6837 §§1 — 2, 6-26-2006]
A. 
Applicants for permit and license under this Chapter must file with the City Clerk a sworn application in writing on a form to be furnished by the City, which shall require the following information:
1. 
Name and description of the applicant, including all aliases, Social Security number, driver's license number with State and date of birth.
2. 
Permanent home address and full local address of the applicant.
3. 
A brief description of the nature of the business and the goods, wares or merchandise to be sold.
4. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The length of time and dates for which the right to do business is desired.
6. 
The place where the goods, wares, merchandise 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. 
The sales tax number on which the City sales tax will be reported.
8. 
A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing 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 distinguishable manner.
9. 
A statement as to whether or not the applicant has been found guilty of, pled guilty to or been convicted of any crime or any violation of any municipal ordinance including the nature of the offense, the location of the conviction or plea of guilty, including court and dates and the punishment or penalty assessed therefor.
10. 
When the proposed operation includes the sale of food products, including items prepared, cooked or assembled on site, a statement of approval from the local office of the Missouri Department of Health acknowledging that the individual's display and food preparation location and setup has been approved.
[R.O. 2008 §620.040; Ord. No. 6837 §§1 — 2, 6-26-2006]
A. 
Upon receipt of such application, a copy shall be referred to the Director of the Public Safety Department.
B. 
The Director shall supervise an immediate, thorough investigation of the application received and the character, background, associates and prior criminal history of the applicant. The suitability of the location and surrounding conditions of the proposed premises shall also be investigated. The Director shall report to the City Clerk on the results of the investigation.
C. 
The Director shall furnish to the City Clerk all pertinent information as described above.
D. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Director of Public Safety shall endorse on the application his/her approval and return said application to the City Clerk who upon payment for the prescribed fee and the determination that the applicant meets and has complied with the condition of this Chapter and meets the requirements therein shall deliver to the applicant his/her 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 the licensee, the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be valid, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing.
E. 
If the result of the investigation is not satisfactory or the applicant has not complied with the conditions of this Chapter or does not meet the requirements herein, the application shall be denied.
F. 
The City Clerk shall keep a permanent record of all licenses issued.
[R.O. 2008 §620.050; Ord. No. 6837 §§1 — 2, 6-26-2006]
The license fee which shall be charged by the City Clerk for such license shall be fifty dollars ($50.00) per year or any part thereof.
[R.O. 2008 §620.060; Ord. No. 6837 §§1 — 2, 6-26-2006]
All licenses issued and obtained in compliance with this Chapter shall at all times be placed in an open and conspicuous location within the premises or area being operated thereunder and shall be produced upon request.
[R.O. 2008 §620.070; Ord. No. 6837 §§1 — 2, 6-26-2006]
Any public safety officer of the City or any Law Enforcement Officer is authorized to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his/her license and to enforce the provisions of this Chapter against any person found to be violating the same.
[R.O. 2008 §620.080; Ord. No. 6837 §§1 — 2, 6-26-2006]
The Director of Public Safety shall report to the City Clerk all convictions for violation of this Chapter and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.
[R.O. 2008 §620.090; Ord. No. 6837 §§1 — 2, 6-26-2006]
A. 
Permits and licenses issued under the provisions of this Chapter may be revoked by the City Council 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/her business as solicitor, canvasser, peddler or itinerant merchant;
3. 
Any violation of this Chapter;
4. 
Conviction of any crime or ordinance violation involving moral turpitude; or
5. 
Conducting the business of soliciting 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;
6. 
Violations of any provisions of this Chapter;
7. 
The occurrence of any act or instance which would render the licensed premises ineligible or unsuitable for a license under the provisions of this Chapter;
8. 
The determination that the licensee failed to make a full and complete disclosure of all pertinent information in the application for such license.
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/her last known address at least five (5) days prior to the date set for hearing.
[R.O. 2008 §620.100; Ord. No. 6837 §§1 — 2, 6-26-2006]
Any person aggrieved by the action of the Director of Public Safety or the City Clerk in the denial of a permit or license as provided in this Chapter shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 615.090(B) of this Chapter for notice of hearing on revocation.
[R.O. 2008 §620.110; Ord. No. 6837 §§1 — 2, 6-26-2006]
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; if a license is issued for a duration ending prior to December thirty-first (31st) of the year in which it is issued, renewal of the license for additional terms may be made upon filing of application as set forth herein.