[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:
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.
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.
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.
Any natural person, corporation, unincorporated association,
or partnership, or any agent, corporate officer or partner acting
in such capacity.
Any person whom a peddler or solicitor approaches for the
purpose of attempting to transact his business.
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.
Any individual:
Traveling by foot, wagon, motor truck, or any type of conveyance
from house to house, or place to place; or
Positioned on or near street corners, public ways or places
of public assembly or congregation; or
Located in or near the roadway or right-of-way of a roadway
for the purpose of:
Soliciting property or financial assistance of any kind; or
Selling or offering for sale any article, tag service, emblem,
publication or ticket; or
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.
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Provided, however, that such entry shall not be unlawful if
any adult occupant gives written or oral consent to such entry.
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[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]
[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.
