[R.O. 2009 § 605.010; Ord. No. 3814, 5-24-2018[1]]
A Person traveling by foot, automobile, motor truck, or any
type of conveyance from house to house, place to place, street to
street, or positioned on or near street corners, public ways, or places
of public assembly or congregation who attempts to make personal contact
with another Person or enter onto private property without prior specific
invitation or appointment from such Person for the primary purpose
of:
Attempting to enlist support for
or against a particular purpose, including, but not limited to the
following: education, philanthropy, charity, religion, philosophy,
ideology, or political party, issue, or candidate;
Distributing a handbill or flyer
advertising a non-commercial event or service; or
Attempting to obtain a donation to
a particular purpose, including, but not limited to the following:
education, philanthropy, charity, religion, philosophy, ideology,
or political party, issue, or candidate.
A Person traveling by foot, automobile, motor truck, or any
type of conveyance from house to house, place to place, or street
to street, who attempts to make personal contact with another Person
or enter onto private property without prior specific invitation or
appointment from such Person for the primary purpose of attempting
to sell goods, wares, merchandise, or services with minimal or no
delay.
Shall extend and be applied to associations, corporations,
firms, partnerships, and bodies politic and corporate as well as to
individuals and agents of same.
Any actions taken by a Solicitor or a Peddler.
A person traveling by foot, automobile, motor truck, or any
type of conveyance from house to house, place to place, or street
to street, who attempts to make personal contact with another Person
or enter onto private property without prior specific invitation or
appointment from such Person for the primary purpose of:
[R.O. 2009 § 605.020; Ord. No. 3814, 5-24-2018]
This Article shall not apply to a
Federal, State, or local government employee or a public utility employee
in the performance of his/her duty for his/her employer.
[R.O. 2009 § 605.030; Ord. No. 3814, 5-24-2018]
A.
Permit Required. Unless a permit is obtained
by the company and each participating individual Solicitor or Peddler,
it shall be unlawful for any Solicitor or Peddler to go in and upon
any private residence in the City not having been requested or invited
to do so by the owner or occupant of such residence. No permit issued
under this Article is transferrable.
A Canvasser is not required to obtain
a permit.
B.
Application Requirements And Processes.
1.
The application for and issuance
of a permit shall be done in accordance with and subject to the following
City permitting requirements.
2.
The application for the permit shall
be submitted on City forms and must contain at minimum the following
information:
a.
Business name, telephone number,
physical address, and email address;
b.
A brief description of the proposed
Soliciting related to this permit. (Copies of literature to be distributed
may be substituted for this description at the option of the applicant);
c.
Name of applicant, cellular phone
number, date of application, email address, and physical address;
d.
Criminal background report from local
agency regarding the company applying and all Solicitors and Peddlers
whom proposes to engage in Soliciting in the City;
e.
Proposed dates(s) of the proposed
Soliciting in the City;
f.
Hours of operation;
g.
Location and schedule of proposed
Soliciting;
h.
Number of proposed individuals who
will be Soliciting per day;
i.
Name of local coordinator or manager,
cellular phone number, the permanent and (if any) local address, and
number of total individuals proposed to be performing permitted Soliciting
in the City throughout the proposed date(s) of the permitted Soliciting;
j.
The motor vehicle make, model, year,
color, and State license plate number of any vehicle which will be
used by each individual for whom a permit is requested;
k.
The name, physical description, and
photo identification;
l.
A copy of the Person's sales tax
license as issued by the State of Missouri, provided that no copy
of a license shall be required of any business which appears on the
City's annual report of sales tax payees as provided by the Missouri
Department of Revenue;
m.
The location where books and records
are kept of sales which occur within the City and which are available
for City inspection to determine that all City sales taxes have been
paid;
n.
The web address for the Person (or
other address) where residents having subsequent questions can go
for more information;
o.
A signed acknowledgement that the
Person has read this Article and will comply with all applicable requirements;
and
p.
A copy of the registration number
issued by the State of Missouri for charitable solicitations, if applicable.
3.
Following the submission of a complete
application to the City and payment of a twenty-five dollar ($25.00)
application fee, the City shall investigate as to the truth and accuracy
of the information contained in the application. Upon completion of
such investigation and if the application meets all requirements of
this Article, the City Clerk shall issue the permit within a reasonable
time, not to exceed seven (7) days, and in accordance with applicable
law. If the City has not completed this investigation within a reasonable
time, not to exceed seven (7) days, and in accordance with applicable
law, the permit will nonetheless be issued, subject, however, to administrative
revocation upon completion of the investigation.
4.
Upon satisfactory completion of the
application, the City Clerk shall not issue the permit if:
a.
The applicant or any Solicitor or
Peddler whom the applicant proposes to solicit a residence without
invitation is registered on the National Sex Offender Registry;
b.
The applicant or any Solicitor or
Peddler whom the applicant proposes to solicit a residence without
invitation has been convicted of an offense pursuant to Chapter 565
RSMo., within the past ten (10) years;
c.
The applicant or any Solicitor or
Peddler whom the applicant proposes to solicit a residence without
invitation has been convicted of an offense pursuant to Chapter 569
or Chapter 570 RSMo., within the past ten (10) years;
d.
The applicant or any Solicitor or
Peddler whom the applicant proposes to solicit a residence without
invitation has been convicted of an offense involving fraud or dishonesty
within the past ten (10) years;
e.
The applicant or any Solicitor or
Peddler whom the applicant proposes to solicit a residence without
invitation has been convicted of a felony or a misdemeanor involving
moral turpitude within the past twelve (12) years;
f.
Any statement upon the application
is false, unless the applicant can demonstrate that the falsehood
was the result of excusable neglect; or
[R.O. 2009 § 605.040; Ord. No. 3814, 5-24-2018]
A.
No individual may be granted more than
one (1) Permit within a four-month period with each Permit being valid
for a period of no longer than two (2) days.
B.
No individual Soliciting on behalf of a
Person may receive a Permit for purposes of Soliciting if other individuals
have been issued Permits within the previous four (4) months for Soliciting
on behalf of the same Person.
[R.O. 2009 § 605.050; Ord. No. 3814, 5-24-2018]
The City Clerk shall maintain a list of persons within the City who restrict visits to their property (including their leasehold, in the case of a tenant) by Peddlers, Solicitors, and Canvassers. The City Clerk may provide a form to assist property owners and tenants, and this form may allow the property owners and tenants to select certain types of visits they find acceptable while refusing permission to others. This "no visit" list shall be a public document, reproduced on the City's web site and available for public inspection and copying. A copy of the "no visit" list shall be provided to each applicant for, and each recipient of, a permit. It will be the responsibility of that Canvasser to obtain in some other way a copy of the current "no visit" list. In addition, to restrict visits to their property, property owners and tenants may also choose to post a sign of the type described in Section 605.070.
[R.O. 2009 § 605.060; Ord. No. 3814, 5-24-2018]
No Solicitor, Canvasser, or Peddler
shall operate in or on any right-of-way, sidewalk, or street corner,
whether public or private, in such a manner as to endanger himself
or others or so as to impede traffic. The judgment of a Police Officer,
exercising good faith, shall be conclusive as to whether public safety
is jeopardized or traffic impeded.
[R.O. 2009 § 605.070; Ord. No. 3814, 5-24-2018]
A.
The individual Soliciting shall wear the
issued permit on their outer clothing so as to be reasonably visible
to any person who might be approached by said individual during the
permitted Soliciting.
B.
The individual Soliciting shall display
on his or her person any object provided by the City to clearly and
readily identify the individual to other citizens and law enforcement
as a permittee.
C.
The activities regulated under this Article
shall immediately cease upon observation of a "no solicitation" sign
at any residence.
D.
No Solicitor or Peddler shall enter upon
the property of another except between the hours of 9:00 A.M. and
7:00 P.M. unless such person has an express invitation to enter from
the owner, resident, or occupant of the property.
E.
No Person shall remove any yard, door,
or entrance sign that gives notice to such Person that the resident
or occupant does not invite visitors.
F.
No Person shall enter upon any private
property for the activities regulated under this Article where the
current occupant has posted the property on the City's "no visit"
list without a specific invitation (except where the posting form
indicates the occupant has given permission for this type of visit),
regardless of whether a sign is posted.
G.
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 and City staff
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 solicitation" sign.
H.
Persons performing the activities regulated
by this Article shall follow all applicable City, State, or Federal
laws and regulations.
[R.O. 2009 § 605.080; Ord. No. 3814, 5-24-2018]
A.
Ice Cream Trucks, as defined in Article II, shall be subject to the following additional regulations:
1.
Operators of Ice Cream Trucks shall
comply with all applicable health laws or regulations that the health
authority has adopted or may adopt relating to Ice Cream Trucks.
2.
Before operating an Ice Cream Truck
in the City, the Person shall provide the City:
3.
Notwithstanding the timing regulations
herein, Ice Cream Trucks may only operate within the City between
the hours of 11:00 A.M. to 7:00 P.M. on week days and 11:00 A.M. to
9:00 P.M. on the weekends.
[R.O. 2009 § 605.090; Ord. No. 3814, 5-24-2018]
No Person who obtained a permit or
an agent, member, or representative of the same, shall advertise,
represent, or hold out in any manner that the permit is an endorsement
of the holder by the City or by any member of the City administration
or Board of Aldermen thereof or by any organization which any of the
same may represent.
[R.O. 2009 § 605.100; Ord. No. 3814, 5-24-2018]
If the City Clerk denies (or upon
completion of an investigation revokes) the permit, he/she shall immediately
convey the decision to the applicant orally and shall, within a reasonable
time and in accordance with applicable law, prepare a written report
of the reason(s) 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 an appeal of the denial of his/her application.
[R.O. 2009 § 605.110; Ord. No. 3814, 5-24-2018]
A.
Any permit issued under this Article may
be suspended or revoked, or otherwise subject to adverse permit action,
at the discretion of the Board of Aldermen, for violation of any of
the following:
1.
Subsequent knowledge by the City
of fraud, misrepresentation, or incorrect statements provided by an
applicant on the application form.
2.
Fraud, misrepresentation, or false
statements made during the course of the permitted Soliciting.
3.
Any violation of this Article by
the applicant or any Solicitor or Peddler during the course of the
permitted Soliciting.
4.
Conducting the permitted Soliciting
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.
5.
Subsequent conviction of any offense
to which the granting of the permit could have been denied under this
Article.
6.
Violation of any law relating to
public safety, health and welfare, zoning, or any Missouri or Federal
law.
[R.O. 2009 § 605.120; Ord. No. 3814, 5-24-2018]
If the applicant appeals any decision made by the City under this Article, review from the decision shall be had pursuant to Chapter 160 of this Code.
[R.O. 2009 § 605.130; Ord. No. 3814, 5-24-2018]
In addition to any other remedy of the City hereunder, any Person violating any part of this Article, including trespass, shall have committed a municipal violation and shall be prosecuted in Municipal Court. The penalty for such violation shall be the same as for general penalty under Section 100.120 of this Code.
[R.O. 2009 § 605.190; Ord. No. 3815, 5-24-2018]
A.
Purpose. The City finds that allowing Food
Trucks to operate, subject to practical regulations and limitations,
is beneficial to persons living and working within the City. This
Article recognizes the unique physical and operational characteristics
of Food Trucks, establishes standards for Food Truck operations, and
promotes practices that serve the health, safety, and welfare of the
public.
B.
Exemptions: The following types of businesses
shall be exempt from the provisions of this Article:
C.
FOOD TRUCK
FOOD TRUCK OPERATOR
FOOD TRUCK PERMIT
ICE CREAM TRUCK
LOCATION
Definitions. For the purposes of this Article,
the following words and their derivatives shall have the following
meaning:
An automobile or trailer designed and used for cooking, preparation,
assembling, and/or serving of a full or limited menu of single service
food items from the automobile or trailer for use by consumers.
The owner of the Food Truck and/or any person driving and/or
selling food items from the Food Truck.
A permit issued by the City for the operation of a Food Truck.
A vehicle from which the operator sells only pre-packaged
frozen dairy or water-based food products and pre-packaged beverages.
Any single property, parcel, or any combination of contiguous
parcels that are owned or controlled by a single entity or affiliated
entities.
[R.O. 2009 § 605.200; Ord. No. 3815, 5-24-2018]
A.
Food Truck Permit Required. It is a violation
to operate a Food Truck at any Location in violation of the requirements
of this Article or without a Food Truck Permit issued by the City
Clerk. Prior to receiving a Food Truck Permit, an applicant must demonstrate
that the applicant has all necessary approvals, licenses, and permits
from the applicable health department.
B.
Application. An applicant shall submit
an application for a Food Truck Permit on a form provided by the City.
The application shall include, at minimum, the following information:
1.
Name, phone number, email, and address
of the owner of the vehicle;
2.
Name, phone number, email, and address
of the owner of the Food Truck company, if different;
3.
Name, phone number, email, and address
of the operator of the vehicle, if different;
4.
Color photo of the exterior (front,
side, and back) of the vehicle;
5.
A copy of the vehicle license and
registration form reflecting the vehicle identification number of
the vehicle;
6.
A copy of proof of vehicular insurance
coverage;
7.
A copy all necessary approvals, licenses,
and permits from the applicable health department;
8.
A copy of any liquor license, if
applicable;
9.
Desired duration for the Food Truck
Permit;
10.
General description of the food that
will be offered for sale;
11.
A signed acknowledgement that the
owner/operator has read this Article and will comply with all applicable
requirements;
12.
A copy of the Person's sales tax
license as issued by the State of Missouri, provided that no copy
of a license shall be required of any business which appears on the
City's annual report of sales tax payees as provided by the Missouri
Department of Revenue;
13.
The location where books and records
are kept of sales which occur within the City and which are available
for City inspection to determine that all City sales taxes have been
paid; and
14.
Any additional information required
by the City Clerk to ensure the requirements of this Article are met.
C.
Display. The Food Truck Permit must be
prominently displayed when the Food Truck is in operation. Permittees
operating under this Article must keep such Permit issued by the City
available and present it upon request of any customer, City Official,
or Law Enforcement Officer.
D.
Fee. Submittal of an application for a
Food Truck Permit must be accompanied by a Food Truck Permit fee as
follows:
|
Duration:
|
Fee:
|
|---|---|
|
One (1) Day
|
$10.00
|
|
Two (2) Day
|
$20.00
|
|
Six (6) Months
|
$100.00
|
|
Twelve (12) Months
|
$150.00
|
E.
Change Of Information. Each Permittee shall
have an ongoing duty to provide the City with notice of any change
to any of the information submitted with the Food Truck Permit application.
F.
Issuance. A Food Truck Permit shall be
issued by the City Clerk upon verification that an application has
been completed in accordance with the requirements of this Section.
No Food Truck Permit shall be issued to an applicant whose Permit
had been revoked in the preceding twelve (12) months.
G.
Renewal. A Food Truck Permit may be renewed
provided that all applicable requirements are met and the Permittee
is in compliance with the requirements of this Article. The fee for
renewal shall be the same as for a new Food Truck Permit.
H.
Transferability. A Food Truck Permit is
not transferrable.
[R.O. 2009 § 605.210; Ord. No. 3815, 5-24-2018]
A.
Persons that are issued a Food Truck Permit
to operate from a Food Truck within the City shall comply with the
following provisions:
1.
Location Regulations.
a.
No Food Truck shall operate in residential
areas except as part of a Special Event Permit or when authorized
by the Board of Aldermen upon demonstration by the applicant that
the requirements of this Article will be met, and the Food Truck will
not detrimentally interfere with the surrounding residential uses.
b.
A Food Truck permitted hereunder
may not remain at a Location over night or for more than six (6) consecutive
hours.
c.
Food Trucks shall not be permitted
on unimproved Locations or at a Location where the Food Truck would
be the primary use of that Location.
d.
Where a commercial business located
in the City has posted signs requesting "no solicitors" or "no peddlers,"
Food Trucks shall not call on such businesses or persons inside such
businesses without a prior, specific invitation.
e.
No Food Truck may operate on a Location
that:
(1)
Blocks fire lanes, sidewalks,
designated traffic lanes, or ingress or egress to or from a building
or street;
(2)
Impedes the ingress
to or egress from another business or otherwise causes undue interference
with access to another business;
(3)
Blocks the lawfully
placed signage of another business; or
(4)
Blocks any of the required
number of parking spaces of any Location.
f.
Issuance of a Food Truck Permit under
this Article by the City in no way authorizes the Food Truck to trespass
on any property. If parking or remaining idle on private property
in order to sell, offer for sale, or display a food item, the Food
Truck Operator shall obtain prior, written permission from the owner(s)
of such private property for the time period the Food Truck plans
to remain on such private property, and the Food Truck shall keep
such written permission in the Food Truck at all times the Food Truck
is parked or idle on any such private property and provide it upon
request of any City Official or Law Enforcement Officer.
g.
If at one (1) Location for more than
two (2) hours, the Food Truck Operator shall obtain a written agreement
from a business within one hundred fifty (150) feet of the Food Truck,
allowing employees of the Food Truck to have use of flushable restrooms
(or other facilities as approved by the health authority) during hours
of operation.
h.
No Food Truck may go into a City
park or park or remain idle on any public property including streets
and right-of-way) to sell, offer for sale, or display a food item,
unless the Food Truck Operator's activity has received prior, written
authorization from the Board of Aldermen or unless the Food Truck
is operating as a vendor at the Fenton Community and Farmers' Market
in accordance with the City's rules and policies for the same or operating
on City property in conjunction with a City event in accordance with
the City's rules and regulations for such specific City event.
[Ord. No.
3935, 5-23-2019; Ord. No. 3965, 8-22-2019]
2.
Safety And Operational Regulations.
a.
No power cord, cable, or equipment
shall be extended across any parking lot, public street, sidewalk,
or other public property. No Food Truck Operator may use stakes, rods,
or any other method of support that must be drilled, driven, or otherwise
fixed into or onto asphalt, pavement, curbs, ground, sidewalks, or
buildings.
b.
In no event shall any Food Truck
Operator invite or allow customers into the Food Truck.
c.
A Food Truck Operator may only sell
a food item(s) described in the Food Truck Permit and may not sell
a non-food item. A Food Truck shall serve pedestrians only. Drive-through
or drive-in service is prohibited.
d.
A Food Truck Operator shall comply
with all applicable health laws or regulations that the health authority
has adopted or may adopt including regarding time, temperature, plumbing,
operation, maintenance requirements, and any other related regulation.
e.
The Food Truck must be kept neat
and orderly at all times. During each period of operation at a Location,
the Food Truck Operator must provide proper trash receptacles for
public use that are sufficient and suitable to contain all trash generated
by the Food Truck.
f.
A Permittee operating a Food Truck
shall demonstrate that the vehicle is readily moveable if requested
by the City.
g.
All food and supplies must be stored
within the Food Truck.
h.
In operating the Food Truck, a Food
Truck Operator shall follow all applicable City, State, or Federal
laws and regulations.
[R.O. 2009 § 605.220; Ord. No. 3815, 5-24-2018]
A.
Suspension Or Revocation. The Board may suspend or revoke a Food Truck Permit of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and, prior to the hearing, the City Clerk shall give not less than ten (10) days' written notice to the Food Truck owner specifying the grounds for the suspension or revocation thereof and the time, date, and place of the hearing. Notice may be accomplished by personal delivery or U.S. Mail to the owner of the Food Truck as provided on the application. The hearing shall be conducted in accordance with Section 605.230 of this Chapter.
B.
Grounds For Suspension Or Revocation. A
Food Truck Permit may be suspended or revoked for any of the following
reasons:
1.
The applicant for the Food Truck
permit provided false information on the application unless the applicant
can demonstrate that the falsehood was the result of excusable neglect;
2.
Violating any provision of this Article;
3.
That the conduct of the business
violates any provision of this Code;
4.
The operator of a Food Truck fails
to maintain a current, valid vehicle registration, health department
permit, or proof of required vehicular insurance; and/or
5.
A Food Truck is operating in a manner
that threatens the health, safety, or general welfare of the public.
C.
Effect Of A Suspension. No person whose
Food Truck Permit shall have been suspended by order of the Board
of Aldermen shall operate a Food Truck in the City.
D.
Violation. Any person violating any provision of this Article shall, upon conviction thereof, be adjudged guilty of an ordinance violation and punished as set out in Section 100.120 of this Code. The establishment of this penalty shall in no way take the place of or interfere with any suspension or revocation proceeding or the disapproval of any application for a subsequent Food Truck Permit.
[R.O. 2009 § 605.230; Ord. No. 3815, 5-24-2018]
A.
Testimony — Evidence. The Food Truck
owner shall be given reasonable notice of hearing and the grounds
upon which discipline will be considered. Hearings before the Board
of Aldermen shall be in the nature of informal investigations. Testimony
of witnesses and other evidence pertinent to the inquiry may be taken
in such hearings, and all proceedings in such hearings shall be recorded.
B.
Witnesses — How Summoned. Subpoenas
may be issued by the Board for any person whose testimony is desired
at any hearing. Such subpoenas may be served and returns thereon made
by any agent and in the same manner as provided by law for the service
of subpoenas in civil suits in the Circuit Courts of this State. The
Board also may issue subpoenas duces tecum requiring the production
of documents or other items pertaining to the subject of the inquiry.
C.
Witnesses To Be Sworn. Before any witness
shall testify in any such hearing, he/she shall be sworn by the City
Clerk to tell the truth and nothing but the truth. Witnesses shall
be subject to direct and cross examination by an attorney representing
the licensee as well as attorneys representing other interested parties.
D.
Decision — Suspension Or Revocation.
If the evidence supports a finding that the Food Truck Permit should
be revoked or suspended, the Board shall issue a written order which
shall include specific findings of fact setting forth the grounds
for the action taken. If the evidence fails to support a finding that
the Food Truck Permit should be revoked or suspended, then no such
order shall be issued.
[R.O. 2009 § 605.240; Ord. No. 3815, 5-24-2018]
Any person aggrieved by a decision of the City Clerk or Board of Aldermen under this Article may appeal such decision pursuant to the procedures of Chapter 160 of this Code provided such appeal is filed within ten (10) days of the date of the decision. The Board may delay the implementation of its order pending appeal.
