City of Cassville, MO
Barry County
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Table of Contents
Table of Contents
[R.O. 1997 §605.020; CC 1989 §7-1; Ord. No. 929 §§1 — 6, 8-25-1981; Ord. No. 2000-1303 §1, 5-30-2000; Ord. No. 1415 §1, 8-4-2003; Ord. No. 1707 §1, 6-10-2013]
A. 
No merchandise, goods or wares, or produce shall be sold upon any street, public right-of-way or alley within the corporate limits of the City of Cassville unless such persons utilizes the specific location designated by the City.
B. 
No merchandise, goods, wares, or produce shall be offered by persons or corporations from temporary stands, trucks or trailers within the corporate limits of the City unless said person or corporation has established a permanent business location within the City or such persons utilizes the specific location designated by the City.
C. 
No person or corporation may solicit merchandise, goods, wares, or produce door-to-door within the corporate limits of the City.
D. 
The Mayor may from time to time exempt individuals or organizations from this prohibition for a period of no more than three (3) consecutive days, if the individual or organization:
1. 
Has obtained and maintains all necessary sales tax licenses to insure the collection of sales taxes for the State, County, and City;
2. 
The sales are being made in conjunction with or sponsored by an organization which qualifies as tax exempt under Section 501(C)(3) of the Internal Revenue Code; and
3. 
The person or organization has not received an exemption under this Section for at least one (1) year prior to the date of the exempted period.
[Ord. No. 1707 §1, 6-10-2013]
When used in this Chapter, the following words shall have the following meanings:
FARMERS MARKET
An outdoor market for the retail sale of produce or other farm products, composed of stalls, stands or spaces rented or otherwise provided to vendors, free from license, fee or taxation from the City of Cassville (pursuant to RSMo. Section 150.030). The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event.
OPEN-AIR MARKET
An outdoor market for the retail sale of new or used merchandise, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event.
PEDDLER
Any person who attempts to make personal contact with another person at his/her residence or place of business without prior specific invitation or appointment from the other person for the purpose of attempting to sell a good or service. The word "peddler" shall include the words "hawker," "huckster" and "solicitor." "Peddler" does not include a farmer selling his/her own produce grown on his/her farm. "Peddler" does not include a person under the age of eighteen (18) years who is a member of a non-profit organization.
[Ord. No. 1707 §1, 6-10-2013]
A. 
No person or corporation shall be permitted to establish an open-air market within the corporate City limits for a period of more than three (3) consecutive days within a thirty-day period. The individual or organization shall:
1. 
Obtain and maintain all necessary sales tax licenses to insure the collection of sales taxes for the State, County, and City.
2. 
Apply for a conditional use permit with the City Clerk that includes the following information:
a. 
Name and address of the applicant managing the open-air market.
b. 
Copy of a valid driver's license, military identification card, passport, or other identification card with photo.
c. 
A brief description of the applicant's proposed activity; or a brief description of the nature of the business and the goods to be sold.
d. 
Specific days and hours of operation requested.
(1) 
An applicant may submit a single permit application in order to utilize a property as open-air market for multiple, discrete dates within a three-month period.
e. 
The means, such as stalls, tables or other structures, by which merchandise is to be displayed.
f. 
A plan depicting the layout of the site, including dimensions of the sales area, access ways and parking areas.
g. 
Signed authorization and approval from property owner.
3. 
Fee for permit shall be:
a. 
Twenty dollars ($20.00): up to three (3) days.
b. 
Fifty dollars ($50.00): seasonal [up to ninety (90) days].
4. 
In addition to any other standards or requirements of this Chapter, open-air markets shall be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit:
a. 
Vehicular parking shall be provided on-site;
b. 
No vendor stall shall be situated such that it interferes with any clear sight triangle;
c. 
In the event that an open-air market will operate for more than a single day on a property, the applicant shall ensure that vendor stalls and vendor goods are removed overnight; or vendor stalls are adequately secured against theft, vandalism, and inclement weather;
d. 
Operation shall be restricted to the time between 8:00 A.M. and 6:00 P.M., unless otherwise specified in the conditional use permit; and
e. 
The operation shall not disturb the tranquility of the residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking.
5. 
The Board of Alderman may impose any other condition it deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring areas.
B. 
No person or corporation is permitted to establish a farmers market within the corporate City limits for a period of more than two (2) consecutive days per week. The individual or organization shall:
1. 
Be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit:
a. 
Name and address of the applicant managing the farmers market;
b. 
Copy of a valid driver's license, military identification card, passport, or other identification card with photo;
c. 
Vehicular parking shall be provided on-site;
d. 
No vendor stall shall be situated such that it interferes with any clear sight triangle;
e. 
In the event that a farmers market will operate for more than a single day on a property, the applicant shall ensure that vendor stalls and vendor goods are removed overnight; or vendor stalls are adequately secured against theft, vandalism, and inclement weather;
f. 
Signed authorization and approval from property owner;
g. 
Operation shall be restricted to the time between 8:00 A.M. and 6:00 P.M., unless otherwise specified in the conditional use permit; and
h. 
The operation shall not disturb the tranquility of the residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking.
2. 
The Board of Alderman may impose any other condition it deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring areas.
C. 
The Mayor may from time to time exempt individuals or organizations from this prohibition for a period of no more than three (3) consecutive days, if the individual or organization:
1. 
Has obtained and maintains all necessary sales tax licenses to insure the collection of sales taxes for the State, County, and City;
2. 
The sales are being made in conjunction with or sponsored by an organization which qualifies as tax exempt under Section 501(C)(3) of the Internal Revenue Code; and
3. 
The person or organization has not received an exemption under this Section for at least one (1) year prior to the date of the exempted period.
[Ord. No. 1707 §1, 6-10-2013]
A. 
Permits issued under the provisions of this Chapter may be revoked by the Board of Aldermen of this City after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for permit.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his/her business as manager of the open-air market.
3. 
Any violation of this Chapter.
4. 
Conviction of any crime or misdemeanor involving moral turpitude.
5. 
Conducting business 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.
B. 
Notice of the hearing, to be conducted by the Board of Aldermen, for revocation of a permit shall be given in writing setting forth specifically the ground of complaint and the time and place of hearing. Such notice shall be mailed postpaid to the permit holder at his/her permanent address (as shown on his/her application) at least five (5) days prior to the date set for hearing.
C. 
Any person aggrieved by the action of the City Clerk in the denial of an application for a permit 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 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 Board of Aldermen shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant at least five (5) days prior to the date set for hearing.
[1]
Editor’s Note: Former Section 605.050, Taxicabs, adopted and amended R.O. 1997 § 605.040; CC 1989 § 7-3; Ord. No. 970 §§ 1 — 4, 3-12-1985, was repealed 12-12-2016 by Ord. No. 1766 § 1.
[R.O. 1997 §605.050; CC 1989 §7-4; Ord. No. 917A §§1 — 3, 4-22-1980; Ord. No. 99-1280 §1, 5-3-1999; Ord. No. 2001-1350 §3, 12-3-2001]
A. 
For the purposes of this Section, the term "garage or yard sale" means the sale at wholesale or retail of new or used merchandise, clothing, furniture, appliances, utensils, kitchenware, or other merchandise upon property located in any area of the City which is zoned residential by the City.
B. 
Garage or yard sales shall not be maintained or held for more than two (2) consecutive days of any month upon any property in the City zoned as residential, and not more than one (1) such sale shall be held at the same location during a six-month term.
C. 
All garage or yard sales signs shall be removed within twenty-four (24) hours of the last day of the sale.
[R.O. 1997 §605.060; Ord. No. 1379 §1, 8-19-2002; Ord. No. 1382 §1, 9-16-2002]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
BODY PIERCING
The perforation of human tissue other than an ear for a nonmedical purpose.
OPERATOR
A person who practices the art of tattooing or body piercing.
PERSON
Any individual, firm, or corporation, owner or operator of a tattooing or body-piercing establishment.
TATTOO
One (1) or more of the following:
1. 
An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
2. 
An indelible design made on the body of another person by production of scars other than by branding.
TATTOOING/BODY PIERCING ESTABLISHMENTS
Any place or facility where the art of tattooing or body piercing is performed.
B. 
Permit Required. It shall be unlawful for any person, firm, or corporation owning, controlling or leasing, acting as agent for, conducting, managing or operating any establishment to practice the art of tattooing or body piercing or to engage in the practice of tattooing or body piercing without first applying for and receiving a permit from the City in the manner herein provided. No permit will be issued until proof of a current State license is provided. The fee for the City permit shall be fifty dollars ($50.00).
C. 
Regulations As To Operation. Pursuant to Section 324.522.2, RSMo., the standards, rules and regulations set forth in the Missouri Code of State Regulations, particularly Title 20, Division 2267, Office of Tattooing, Body Piercing, and Branding (20 CSR 2267-1.010 et seq.), shall be adhered to by any permittee under this Section.
D. 
Violations And Penalties. Any person, firm or corporation who shall violate any of the provisions of this Section or fail to comply with any order or regulation made shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).