CHAPTER 605: PEDDLERS AND SOLICITORS

CHAPTER 605: PEDDLERS AND SOLICITORS

Section 605.010.  Permit Required. [CC 1979 §52.010]

It shall be unlawful for any person to engage in the business of peddler as defined in Section 605.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein. 

Section 605.020.  Peddler Defined.

Whoever shall deal in the selling of patents, patent rights, patent or other medicines, lightning rods, goods, wares or merchandise, except pianos, organs, sewing machines, books, charts, maps and stationery, agricultural and horticultural products, including milk, butter, eggs and cheese, by going about from place to place to sell the same, is declared to be a "peddler". 

Section 605.030.  Application for Permit. [CC 1979 §52.030] 

A.     Applicants for permits under this Chapter must file with the Chief of Police a sworn application in writing (in duplicate) on a form to be furnished by the Chief of Police, 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 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 a felony or violation of any municipal ordinance relating to his/her occupation as a peddler.     

Section 605.040.  Investigation and Issuance. [CC 1979 §52.040] 

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/she deems necessary for the protection of the public good. Forty-eight (48) hours will be allowed for this processing. 

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/her disapproval and his/her reasons for the same and return the application to the City Clerk who shall notify the applicant that his/her 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/her approval. Upon receipt of the approved application the City Clerk, upon payment of the prescribed permit fee, shall deliver to the applicant his/her permit. The Clerk shall keep a permanent record of all licenses issued.     

Section 605.050.  Fees for Licenses. [CC 1979 §52.050; Ord. No. 4 §1(52.050), 3-10-1980] 

A.     Fees for solicitors' and peddlers' licenses are as follows: 

1.      A fee shall not be charged for issuance of a solicitor's license for local non-profit or charitable organizations based in Cedar County, Missouri, and not requiring verification or investigation. 

2.      A fee of five dollars ($5.00) shall be charged for a solicitation license for all other charitable or non-profit organizations to cover costs of verification or investigation. 

3.      A fee of twenty-five dollars ($25.00) shall be charged for any other solicitor's license and any peddler's license. 

4.      All peddlers' or solicitors' licenses shall be valid for three (3) working days next following the day of issuance. 

5.      The fee for a solicitor's license for non-profit and charitable organizations shall cover up to and including five (5) solicitors. The fee for peddlers' and all other solicitors' licenses shall cover one (1) individual only.     

Section 605.060.  Permit Non-Transferable. [CC 1979 §52.060]

No permit issued under this Chapter shall be transferable or assignable. 

Section 605.070.  Use of Streets. [CC 1979 §52.080]

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purposes of this Chapter, 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. 

Section 605.080.  Loud Noises and Speaking Devices. [CC 1979 §52.090]

No peddler, nor any person in his/her behalf, shall shout, make any cryout, 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 proposes to sell. 

Section 605.090.  Exhibition of Permit. [CC 1979 §52.100]

Peddlers are required to exhibit their licenses at the request of any citizen. 

Section 605.100.  Revocation of License. [CC 1979 §52.110] 

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.      Fraud, misrepresentation or false statement made in the course of carrying on his/her business as peddler. 

3.      Any violation of this Chapter. 

4.      Conviction of any crime or misdemeanor involving moral turpitude. 

5.      Conducting the business of peddling 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.     

Section 605.110.  Notice. [CC 1979 §52.120]

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 the hearing. Such notice shall be mailed, postpaid, to the permittee at his/her permanent address (as shown on his/her application) at least five (5) days prior to the date set for hearing. 

Section 605.120.  Appeal. [CC 1979 §52.130]

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 Section 605.040, or in the decision with reference to the revocation of a license as provided in Section 605.110, shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (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 Section 605.120.  

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