[Ord. No. 06-02 §1, 3-6-2006]
It is the policy of the City of Tipton, Missouri, to regulate
the activities of solicitors, canvassers and peddlers in order to
promote and protect the public health, safety and welfare. It is not
the intent of this Chapter to interfere with or infringe upon the
constitutionally protected right to freedom of speech or assembly,
except to the minimum extent necessary to ensure the safety and right
to privacy of the citizens of Tipton, Missouri.
[Ord. No. 06-02 §2, 3-6-2006]
As used in this Chapter, the following terms shall have these
prescribed meanings:
One engaged in business of a temporary or transient nature
that goes from door to door traveling by foot, automobile, truck or
any other type of conveyance, as principle, agent or otherwise, in
an effort to take or secure orders for goods, services or merchandise
without prior specific invitation or appointment.
From a resident to another or from a business location to
another or from a residence to a business location or from a business
location to a residence or any other combination involving residences
and/or business locations.
One engaged in business of a temporary or transient nature
that goes from door to door traveling by foot, automobile, truck or
any other conveyance, as principal, agent or otherwise, in an effort
to sell goods, wares or other commodities without prior specific invitation
or appointment.
One engaged in business of a temporary or transient nature
that either goes from door to door without prior specific invitation,
traveling by foot, automobile, truck or any other conveyance or from
one locality which is not a permanent structure, who attempts to lure
another person into a business or commercial ventures of any type.
One engaged in business of a temporary or transient nature
who sells or offers to sell from one locality, which is not a permanent
structure or building affixed to land, goods, wares, merchandise or
other commodities.
One engaged in business anywhere within the City of Tipton
who does not intend to become a permanent merchant at such place.
For the purpose of this Chapter, the terms "temporary or transient" shall mean less than one hundred twenty (120) consecutive days or
less than one hundred eighty (180) days within a calendar year. Any
person or entity which does business within the City of Tipton in
excess of the foregoing time restrictions shall not be eligible for
a "solicitor's, canvasser's, peddler's license" or "street peddler's"
and shall be required to comply in all respects with City ordinances
regarding the operation of businesses within the City of Tipton.
[Ord. No. 06-02 §3, 3-6-2006]
A.
It
shall be unlawful for any person or entity to engage in business as
a canvasser, peddler, solicitor or street peddler as such terms are
defined in this Chapter without having first applied for and received
a canvasser's, peddler's, solicitor's or street peddler's license.
B.
It
shall be unlawful for any person, whether engaged in business or not,
in the public right-of-way to solicit, offer for sale or transact
the sale of goods or services or to seek donations or contributions
or distribute materials to persons situated within vehicles which
are located within the right-of-way of any public road, street or
highway regardless if such is for commercial, charitable or non-profit
purpose. Nothing in this Section shall be deemed to prohibit otherwise
lawful non-commercial activities on sidewalks or other designated
areas where such activities clearly do not hinder or stop vehicular
traffic or adversely affect public safety. The prohibition with regard
to public rights-of-way shall not apply to community sponsored activities,
provided that prior to such activity the sponsoring community organization
has first obtained permission therefore from the City. Any permission
granted by the City shall limit the activity both with respect to
duration and as geographically.
C.
No
peddler, solicitor, canvasser or anyone on their behalf shall:
1.
Sell or solicit anything from any person at any property designated
by a sign conspicuously posted at the front door of the property indicating
"No Solicitation", "No Solicitors", "No Peddlers" or other similar
language expressing the unwillingness of occupants at the property
to accept peddlers, solicitors or canvassers.
2.
Shout or use any sound device in public place, including, but not
limited to, streets, alleys, sidewalks or parks, or upon any private
premises where a sound of sufficient volume is emitted therefrom capable
of being plainly heard in such public places for the purpose of attracting
attention to any merchandise which such peddler proposes to sell.
3.
Perform activities before 9:00 A.M. or after 6:00 P.M. or at anytime
on Sundays except by specific appointment with an invitation from
the prospective customer.
[Ord. No. 06-02 §4, 3-6-2006]
A.
A license
shall not be required for any person to engage in canvassing, soliciting
or fund raising as an authorized representative for any charitable,
religious, eleemosynary, educational organization, incorporated or
unincorporated as a not-for-profit organization and qualifying as
tax exempt under the Internal Revenue Code Section 501 and Subsections
thereof, including 501(A), (B), (C) and (D), Code of 1954 as amended.
B.
A license
shall not be required for local vendors of farm produce, poultry,
stock or agricultural products in their natural state, which products
shall have been grown or produced by such vendors.
[Ord. No. 06-02 §5, 3-6-2006]
A.
Any person desiring to secure a solicitor's, canvasser's, peddler's and street peddler's permit as required by Section 610.030 shall apply therefore in writing to the City Clerk with a sworn application in duplicate, on a form to be furnished by the City Clerk, which shall give the following information:
1.
The name and address of the applicant.
2.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
3.
The length of time for which the right to do business is desired.
4.
The nature and character of the goods, wares, merchandise or services
to be offered by the applicant.
5.
A physical description of the applicant.
6.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor, felony or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefore.
7.
Names of character references.
8.
Sales tax identification number.
[Ord. No. 06-02 §6, 3-6-2006]
A.
Upon
receipt of an application for a solicitor's, canvasser's or peddler's
permit, the original shall be referred to the City Marshal who shall
cause an investigation of the applicant's business and moral character.
Such an investigation is deemed by the City to be necessary in order
to protect the public interest due to the fact that such activities
involve unsolicited contact with persons which is usually at a person's
residence. No investigation shall be required for a "street peddler's"
permit as such activity does not involve contact at an individual's
residence. There shall be a waiting period of two (2) business days
in order to afford necessary time to complete the investigation and
to process the application with respect to those businesses for which
an investigation is required by this Section. No permit may be issued
within such two (2) business day period.
1.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactorily, the City Marshal shall endorse on such application his/her disapproval and his/her reason for the disapproval and return the application to the City Clerk who shall notify the applicant that his/her application has been disapproved and that no permit shall be issued. The applicant may then appeal the refusal to issue a permit to the Board of Aldermen in accordance with Section 610.100 of this Chapter.
2.
If, as a result of such investigation, the character and business
responsibility of the applicant is found to be satisfactory, the City
Marshal shall endorse on the application his/her approval. Upon receipt
of the approved application, the City Clerk, upon payment of the prescribed
permit fee, shall deliver the permit to the applicant. The Clerk shall
keep a permanent record of all licenses issued.
[Ord. No. 06-02 §7, 3-6-2006]
A solicitor's, canvasser's, peddler's or street peddler's permit
shall be carried at all times by the applicant to whom issued when
soliciting or canvassing in the City and shall be exhibited by such
applicant whenever he/she shall be requested to do so by any Police
Officer or any person solicited.
[Ord. No. 06-02 §8, 3-6-2006]
A solicitor's, canvasser's, peddler's or street peddler's permit may be revoked by the City Marshal for violation by the holder thereof of any of the provisions of this Code or other ordinances of the City or any State or Federal law or whenever the holder of such permit shall, in the judgment of the City Marshal, cease to possess the character and qualifications required by this Chapter for the issuance of such permit. The licensee may appeal the revocation to the Board of Aldermen in accordance with Section 610.100 of this Chapter.
[Ord. No. 06-02 §9, 3-6-2006]
Any notice required under this Chapter shall be mailed postpaid
to the licensee at his/her permanent address as shown on his/her application
at least five (5) days prior to the date of the hearing. The notice
shall set forth the time and place of the hearing.
[Ord. No. 06-02 §10, 3-6-2006]
Any person aggrieved by the action of the City Marshal or the City Clerk in denying an application for a permit as provided in this Chapter shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after the denial of the permit or revocation of the permit, a notice of appeal, in writing, setting forth fully the grounds for the appeal. The Board shall set a time and place for the hearing on the appeal and notice shall be provided the applicant or licensee as provided in Section 610.080.
[Ord. No. 06-02 §11, 3-6-2006]
A.
There
is hereby levied and the City Collector shall collect from each canvasser,
solicitor, peddler or street peddler the permit fee as hereinafter
set forth. Said fee to be paid at the time application is made and
shall be non-refundable. Application fees are:
