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City of Valley Park, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2003, 3-19-2018]
This Chapter shall be known as the "Solicitors Code" and may be cross referenced with the St. Louis County Code of Ordinances, Chapter 804, known as the "Peddlers and Solicitors Code."
[Ord. No. 2003, 3-19-2018]
When used in this Chapter, the following words shall have the following meanings:
CHARITABLE PURPOSE
Any purpose which promotes, or purports to promote, directly or indirectly, the well-being of the public at large or any number of persons, whether such well-being is in general, or limited to certain activities, endeavors or projects.
NON-PROFIT ORGANIZATION
Any person who does business in this state and who engages in the activity of soliciting funds or donations for, or purported to be for, any non-profit fraternal, benevolent, social, educational, alumni, historical, public advocacy or charitable purpose, and no part of the net earnings of which inures to the benefit of any person, private shareholder or individual.
NON-PROFIT SOLICITATION
Any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value, carried out by a non-profit organization, as herein defined, for the support of the non-profit programs and activities of the non-profit organization or to support any other charitable purpose.
PERSON
Any natural person, corporation, unincorporated association, or partnership, or any agent, corporate officer or partner acting in such capacity.
PERSON SOLICITED
Any person whom a peddler or solicitor approaches for the purpose of attempting to transact his business.
PROFESSIONAL FUNDRAISER
Any person who is retained under contract or otherwise compensated by or on behalf of a charitable organization primarily for the purpose of soliciting funds. The term "professional fundraiser" shall not include any bona fide employee of a charitable organization who receives regular compensation and is not primarily employed for the purpose of soliciting funds.
SOLICITOR
Any individual:
1. 
Traveling by foot, wagon, motor truck, or any type of conveyance from house to house, or place to place; or
2. 
Positioned on or near street corners, public ways or places of public assembly or congregation; or
3. 
Located in or near the roadway or right-of-way of a roadway for the purpose of:
a. 
Soliciting property or financial assistance of any kind; or
b. 
Selling or offering for sale any article, tag service, emblem, publication or ticket; or
c. 
Taking or attempting to take orders for the sale of goods, wares, books, charts, maps, magazines, or other merchandise for future delivery, or for services to be furnished or performed then or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he collects advance payments or such sales or not; provided, however, that the provisions of this Chapter shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers, and manufacturers for manufacturing purposes, or to bidders for public works or supplies.
[Ord. No. 2003, 3-19-2018]
If shall be unlawful for any solicitor to engage in such business in the City of Valley Park without a valid solicitor license issued by the City.
[Ord. No. 2003, 3-19-2018]
Any solicitor lawfully licensed by a State agency to engage in such activity at the time he solicits such business in the City of Valley Park shall not be required to obtain a solicitor's license from the City; provided, however, that said solicitor shall carry the license or identification card issued by the State upon his person at all times that he is engaged in the activity of soliciting in the City of Valley Park and shall exhibit the license or identification card and permit same to be read whenever he is requested to do so by any police officer or person solicited.
[Ord. No. 2003, 3-19-2018]
Any individual, other than a solicitor engaged in accordance with the provisions of Section 640.040, shall at all times while engaged in the business of soliciting in the City of Valley Park carry the license upon his person. Every individual shall exhibit the license and permit same to be read whenever he is requested to do so by any Police Officer or person solicited.
[Ord. No. 2003, 3-19-2018]
A. 
No solicitor shall fail or refuse to leave any building or any enclosed or improved real estate, lot or parcel of ground in the City of Valley Park when requested to leave by the person solicited.
B. 
By the use of an appropriate sign, any person may instruct solicitors not to enter any designated building, enclosed or improved real estate, lot or parcel of ground. The sign must be posted in a conspicuous place or places, and be of sufficient size and print so as to reasonably assure notice to any solicitor who wishes to enter such building or property. A subdivision may instruct solicitors not to enter such subdivision by posting signs at each, entrance to the subdivision. If any person or subdivision trustee wishes to restrict solicitation to certain hours, the restricted hours must be clearly stated on the sign.
C. 
It shall be unlawful for any solicitor to enter any designated building, enclosed or improved real estate, lot or parcel of ground if:
1. 
Said entry would violate the instructions of a sign posted in accordance with the provisions of Subsection (B) of this Section; or
2. 
Said entry occurs between the hours of 5:00 P.M. and 9:00 A.M.
3. 
Said entry occurs on a Sunday.
Provided, however, that such entry shall not be unlawful if any adult occupant gives written or oral consent to such entry.
[Ord. No. 2003, 3-19-2018]
Any person desiring to engage in business as a solicitor shall submit a sworn application on the form provided by the City Clerk.
[Ord. No. 2003, 3-19-2018]
The Lieutenant of the City of Valley Park Police Department shall investigate all applications for a solicitor's license and, based on the findings of his investigation, shall recommend the approval or disapproval of the application. If the Lieutenant recommends the disapproval of an application, he shall report the reasons in writing; to the City Clerk.
[Ord. No. 2003, 3-19-2018]
No license shall be issued to:
A. 
Any individual who has been convicted for violation of Section 640.060 of this Chapter or St. Louis County's Section 804.080.
B. 
Any individual whose license under this Chapter has been revoked for cause during the previous twelve-month period.
C. 
Any individual who is not of good moral character and reputation.
D. 
Any individual representing an organization or employer having four (4) or more of its representatives convicted of having violated the provisions of this Chapter during any twelve-month period.
[Ord. No. 2003, 3-19-2018]
There is hereby levied upon each solicitor doing business in the City of Valley Park a license fee of five hundred dollars ($500.00) per day or five thousand dollars ($5,000.00) per month. Solicitors who obtain a special use permit are not bound by this Section.
[Ord. No. 2003, 3-19-2018]
The City Clerk is responsible for the administration of the solicitor's license fee. Any individual may obtain a solicitor's license upon approval of the application form provided by the City Clerk and upon payment of the fee.
[Ord. No. 2003, 3-19-2018]
The City Clerk may suspend or revoke, any license issued under this Chapter for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for license;
B. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as a solicitor;
C. 
Any violation of this Chapter;
D. 
Conviction of any crime or misdemeanor involving moral turpitude;
E. 
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 residents of the City of Valley Park.
[Ord. No. 2003, 3-19-2018]
A. 
It shall be unlawful for an individual to solicit, or to obtain authorization to solicit on more than three (3) days per calendar year at any intersection or combination of intersections designated in Schedule 1 of the St. Louis County Peddlers and Solicitors Code. All such solicitation shall occur between 9:00 A.M. and 5:00 P.M.
B. 
It shall be unlawful for any organization to conduct a solicitation campaign on more than three (3) days per calendar year at any intersection or combination of intersections designated in Schedule 1 of the St. Louis County Peddlers and Solicitors Code. All such solicitation shall occur between 9:00 A.M. and 5:00 P.M.
C. 
Any individual who desires to solicit at an intersection designated in Schedule 1 of the St. Louis County Peddlers and Solicitors Code shall, at least seven (7) but not more than ninety (90) days prior to the intended solicitation, present to the City Clerk a license or identification card as required by Sections 640.030 and 640.040 and shall file therewith an application to solicit at a designated intersection on forms to be provided by the City Clerk. Each application shall state:
1. 
The name and address of the individual solicitor;
2. 
The name of the designated intersection at which solicitation is proposed;
3. 
The proposed date and time period of solicitation;
4. 
The name(s) of any designated intersection(s) at which the solicitor has been authorized to solicit within the existing calendar year;
5. 
The date(s) for which said solicitation(s) were authorized; and
6. 
The name, if applicable, of the organization on whose behalf solicitation is proposed.
D. 
The application shall be signed by the proposed solicitor; by an officer of the organization on whose behalf solicitation is to be conducted and, if the applicant is under the age of seventeen (17), by an adult who confirms that he or she will be present throughout the time period of the minor's solicitation and will insure that the minor complies with all applicable City ordinances and traffic regulations. It shall be unlawful to provide false information on the application required herein.
E. 
Upon verification of the application and compliance with this Section, the City Clerk shall issue an identification card stating the name of the solicitor and the name of the designated intersection during a given time period which shall be restricted to individuals soliciting on behalf of the organization on whose behalf an identification card is first issued. Said identification card shall be carried by the individual for whom solicitation is authorized at all times of solicitation at a designated intersection.
F. 
All individuals who solicit under authority of this Section shall comply with all applicable City ordinances and traffic regulations, and each individual who signs a minor's application shall be responsible for ensuring that the minor soliciting under authority of this Section complies with all applicable City' ordinances and traffic regulations.
[Ord. No. 2003, 3-19-2018]
The provisions of Sections 640.110 and 640.120 shall not apply to any non-profit organizations, such as the Girl Scouts or Boy Scouts of America, conducting any non-profit solicitation in the City of Valley Park, provided the organization shall have first registered with the City Clerk.
[Ord. No. 2003, 3-19-2018]
No non-profit organization shall conduct any non-profit solicitation nor employ a professional fundraiser to conduct such solicitation unless it shall have filed all registrations and reports required by this Chapter, other than the Sections which are expressly exempted.