Missouri
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City of Clarkson Valley Missouri |
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The provisions of this Chapter are enacted to promote and protect the public health, safety and welfare of the citizens of the City and shall be in effect within the City. (CC 1990 §9-26; Code 1977 §14.020.1)
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
CHARITABLE SOLICITATION CAMPAIGN: Soliciting property or financial assistance of any kind or selling or offering to sell merchandise or anything of value by representing or holding out to the person solicited that such sale or solicitation or the proceeds therefrom are for a charitable, religious, educational, patriotic or philanthropic purpose. The term "charitable solicitation campaign" specifically includes, but is not limited to, activities that are commonly known as "tag days" and "charitable toll roads".
DIRECTOR: The Director of Public Safety of the City.
HAWKER: Any individual traveling from house to house, business to business or place to place, or positioned on or near public or private street corners, public or private streets or 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 selling or offering for sale goods, wares or merchandise.
MERCHANDISE: Goods, wares and merchandise of any and all kinds, size, nature and description including, but not limited to, books, charts, maps, magazines, newspapers, tickets, emblems and coupons.
PEDDLER: Any individual who shall sell or offer to sell goods or merchandise by going from house to house, business to business or place to place to sell the same.
PERSON SOLICITED: Any individual whom a hawker, peddler or solicitor approaches for the purpose of attempting to transact his/her activity or business.
SOLICITOR: Any individual traveling from house to house, business to business or place to place, or positioned on or near public or private street corners, public or private streets or 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:
1. Soliciting information, support, assistance, property or financial assistance of any kind;
2. Selling or offering for sale any merchandise or service;
3. Taking or attempting to take any orders for the sale of any 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 said merchandise or whether or not he/she collects advance payments on such orders or sales; or
4. Soliciting support for a person or cause or for determining opinions or sentiments. (CC 1990 §9-27; Code 1977 §14.020.2) Cross Reference-Definitions and rules of construction generally, §100.020.
Hawking, peddling and soliciting shall be allowed only between the hours of 9:00 A.M. and 6:00 P.M. Hawking, peddling and soliciting shall not be allowed at anytime on Sundays or legal holidays observed by the State. (CC 1990 §9-28; Code 1977 §14.020.4)
No hawker, peddler or solicitor shall fail or refuse to immediately leave the premises of the person solicited when requested to leave either by the person solicited or by the resident, nor shall such person enter upon any premises where such activity is prohibited or forbidden by display of a sign or notice to that effect. (CC 1990 §9-29; Code 1977 §14.020.5)
The provisions of this Chapter shall not apply to persons selling to or soliciting orders from retail dealers for resale, wholesalers, developers, builders or manufacturers for manufacturing purposes or to bidders for public works or supplies, nor shall this Chapter apply to persons invited by a resident of the City to come to such resident's house for the purpose of selling merchandise or services or soliciting orders for the sale of merchandise or services, or for the purpose of soliciting information, assistance, orders or support for a person or cause from, or determining opinions or sentiments of such resident. (CC 1990 §9-30; Code 1977 §14.020.18)
Any person violating any provision of this Chapter (including activities which are grounds for legal revocation as contained in Section 610.170) shall, upon conviction thereof, be punished as provided in Section 100.100 of this Code. (CC 1990 §9-31; Code 1977 §14.020.17)
Except as otherwise provided herein, it shall be unlawful for any hawker, peddler or solicitor to engage in any activity or business in the City without first having obtained a license therefor from the Director. (CC 1990 §9-46; Code 1977 §14.020.3)
Any and all charitable solicitation campaigns to be conducted in the City shall comply with the provisions of this Chapter by making an application for and securing the issuance of a hawker's, peddler's or solicitor's license, as prescribed herein for an individual engaging in such charitable solicitation campaign. (CC 1990 §9-47; Code 1977 §14.020.16)
Except as otherwise provided herein, any individual desiring to engage in any activity or business as a hawker, peddler or solicitor shall submit a sworn application for a license required by this Chapter on a form provided for herein and containing the information required in Section 610.100 to the City Clerk not less than five (5) working days prior to the time such individual intends to commence such activity or business. The City Clerk shall promptly forward such application to the Director. (CC 1990 §9-48; Code 1977 §14.020.6)
The Director shall prepare and have printed or duplicated appropriate license application forms. Each license application shall contain the following information:
1. Name and description of the applicant.
2. Permanent home address, full local address of the applicant.
3. The name and address of the organization the individual represents.
4. The name and address of the individual's supervisor, employer or employers; length of such employment and the applicant's duties as employee.
5. A brief description of the nature and purpose of the activity or business to be carried on by the applicant and/or merchandise to be sold and the names of the manufacturers of such merchandise.
6. The areas in which the activity or business is to be conducted and the proposed method of operation in such areas.
7. The length of time for which the right to carry on such activity or business is desired.
8. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, including the date of the offense and a description of the nature of the offense and the punishment or penalty assessed therefor.
9. A brief description of any vehicle, including license plate number, to be used in connection with the applicant's activity or business.
10. A photograph of the applicant taken within one (1) year immediately prior to the date of filing of the application and which clearly identifies the applicant.
11. A copy of any form, questionnaire, contract or warranties to be used in the conduct of the applicant's activity or business, door-to-door or otherwise.
12. The applicant's signature. (CC 1990 §9-49; Code 1977 §14.020.7)
The Director shall cause an investigation to be made of all applications for a hawker's, peddler's or solicitor's license, by referral to the necessary policing authority, and based upon the findings of such investigation shall approve or disapprove the application in accordance with the standards specified in Section 610.120. If such policing authority recommends the disapproval of an application, the reasons for such disapproval shall be made in writing to the Director. (CC 1990 §9-50; Code 1977 §14.020.8)
No license required by this Chapter shall be issued to:
1. Any individual that has been convicted for violation of Section 610.040.
2. Any individual whose license under these provisions has been revoked for cause during the previous twelve (12) month period.
3. Any individual who has been convicted of a felony involving moral turpitude within the previous five (5) years or convicted of any misdemeanor involving moral turpitude within the previous two (2) years, unless such person can demonstrate good moral character. (CC 1990 §9-51; Code 1977 §14.020.9)
For any license issued under the terms of this Chapter there shall be a fee of five dollars ($5.00) for each day or part thereof that such license shall be in effect. Such fee shall be paid in advance to the City Clerk. (CC 1990 §9-52; Code 1977 §§14.020.10, 14.030)
A. The Director is responsible for the administration of the licensing of hawkers, peddlers and solicitors and the license fees shall be collected by the City Clerk upon issuance of a license under this Chapter. Any individual may obtain a hawker's, peddler's or solicitor's license upon approval of the application form provided by the Director upon payment of the license fee to the City Clerk.
B. The Director shall prepare and have printed or duplicated appropriate license forms to be executed and signed by him/her and issued to the person whose application has been approved and who has paid the license fee.
C. Any license issued under the provisions of this Chapter shall expire on the date fixed by the Director and set forth on the license when issued. The Director shall not issue a license for a period of more than one (1) year. Licenses are subject to renewal after expiration and any renewal or reissuance must meet the standards for original issuance provided for under this Chapter. (CC 1990 §9-53; Code 1977 §14.020.11)
Except as otherwise provided herein, any individual shall at all times while engaged in the activity or business of hawking, peddling or soliciting in the City carry the license required by this Chapter on his/her person. Every such individual shall exhibit such license and permit the same to be read whenever he/she is requested to do so by any Police Officer or person solicited. (CC 1990 §9-54; Code 1977 §14.020.4)
No person holding a license, or an agent, member or representative of the same, shall advertise, represent or hold out in any manner that such license is an endorsement of the holder by the City or by any member of the administration or Board of Aldermen or by any organization which any of the same may represent. (CC 1990 §9-55; Code 1977 §14.020.13)
The Director may suspend or revoke any license issued under this Chapter for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for license.
2. Fraud, misrepresentation or false statement made in the course of carrying on the activity or business as a hawker, peddler or solicitor.
3. Any violation of this Chapter.
4. Conviction of any crime or misdemeanor involving moral turpitude.
5. Conducting the activity or the business of hawking, peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace or nuisance to the health, safety or general welfare for residents of the City.
6. Written notice of such suspension or revocation shall subsequently be given to the licensee setting forth specifically the grounds of complaint and the right to request a hearing before the Board of Aldermen following receipt of such notice. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address immediately following any such suspension or revocation. (CC 1990 §9-56; Code 1977 §14.020.12)
Any individual aggrieved by the action of the Director of the denial, suspension or revocation of a license as provided in this Chapter shall have the right to appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk a written statement setting forth fully the grounds for appeal within fourteen (14) days after notice of such denial, revocation or suspension shall have been mailed to such individual. 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 in the same manner as provided in Section 610.190. The decision and order of the Board of Aldermen shall be final and conclusive. (CC 1990 §9-57; Code 1977 §14.020.14)
All notices required by this Chapter shall be accomplished by sending a letter by first-class mail, properly stamped and addressed to the licensee (or applicant for a license) at his/her last known address. The date on which the notice shall be deemed to be received by the licensee (or applicant for a license) shall be the date on which such first-class letter is mailed. (CC 1990 §9-58; Code 1977 §14.020.15)