City of Moscow Mills, MO
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by ordinance 6-14-1993; amended 2-13-1995 by Ord. No. 11; 8-14-2006 by Ord. No. 345; 5-14-2007 by Ord. No. 404; 4-12-2010 by Ord. No. 547; 5-13-2013 by Ord. No. 660. Subsequent amendments noted where applicable.]
It shall be unlawful for any person to engage in the business of solicitor as defined in § 52.020 of this ordinance within the corporate limits of this City without first obtaining a permit therefor as provided herein.
The word "solicitor" as used herein shall include any person, whether a resident of this City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, services, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or offering for sale for later delivery, or seeking appointments for the purpose of at that time offering for sale; or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this ordinance shall be deemed a solicitor subject to the provisions of this ordinance. The work "solicitor" shall include the words "hawker", "huckster", and "peddler".
A. 
Applicants for permits under this ordinance must file with the City Clerk a sworn application in writing (in triplicate) on a form to be furnished by the City Clerk, which shall give the following information:
1. 
Name and description of the applicant.
2. 
Address (local and permanent).
3. 
A brief description of the nature of the business and the goods or services to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant.
4. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The length of time for which the right to do business is desired.
6. 
If a vehicle is to be used, a description of the same, together with credentials establishing the license number or other means of identification.
7. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
1. 
If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit will be issued.
2. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval. Upon receipt of the approved application the City Clerk, upon payment of the prescribed permit fee, shall deliver to the applicant his permit. The clerk shall keep a permanent record of all licenses issued.
A. 
The fees for licenses required under this chapter shall be $100 per license (non-refundable), payable at the time of application. The fee will cover a twelve-month period, starting from the date of approval.
B. 
Per RSMo. Section 71.620 the following will not be charged a fee for obtaining a solicitor's license, but will be required to comply with all other requirements of this code:
C. 
A person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, physician or surgeon, insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in the City.
No permit issued under this chapter shall be transferable or assignable.
No solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this ordinance, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
No solicitor, nor any person in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of said City or upon any private premises in the said City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposed to sell.
Solicitors are required to exhibit their licenses at the request of any citizen.
A. 
Permits and licenses issued under the provisions of this chapter may be revoked by the Mayor of this City after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for license.
2. 
Any violation of this ordinance.
3. 
Conviction of any crime or misdemeanor involving moral turpitude.
4. 
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 public.
Notice of the hearing for revocation of a license 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 permittee at his permanent address (as shown on his application) at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in § 52.040, or in the decision with reference to the revocation of a license as provided in § 52.110, shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within 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 shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 52.120.
The City Clerk shall maintain a list of persons within the City who restrict visits to their residential property (including their leasehold, in the case of a tenant) by solicitors. The issuing officer may provide a form to assist residents, and this form may allow the resident to select certain types of visits that the resident finds acceptable while refusing permission to others. This "no visit" list shall be a public document 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.
A. 
No solicitor shall:
1. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right of way (public or private) indicating a prohibition against peddling or soliciting.
Such sign need not exceed one square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two inches in height. (The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers).
2. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the solicitor.
3. 
Enter upon any private property where the current occupant has posted the property on the City's "no visit" list (except where the posting form indicates the occupant has given permission for this type of visit), regardless of whether a front yard sign is posted.
4. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
5. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
6. 
Enter upon the property of another except between the hours of 9:00 a.m. and 7:00 p.m. local time.
B. 
Except that the above prohibitions shall not apply when the peddler, solicitor, or canvassers has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
Any person violating any part of this ordinance shall have committed a trespass on such property, and shall be prosecuted under the general trespass ordinance of the City. The penalty for such violation shall be the same as for any other trespass.