Loading...
HomeMy Public PortalAboutORD14882 BILL NO. 2011-97 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. o4 K ' AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING CHAPTER 24 (PEDDLERS, SOLICITORS, ITINERANT MERCHANTS, ETC.) AND ENACTING A NEW CHAPTER 24 (PEDDLERS, DOOR TO DOOR SALES, AND TEMPORARY BUSINESS LICENSES) IN LIEU THEREOF. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Chapter 24 (Peddlers, Solicitors, Itinerant Merchants, etc.) is hereby deleted and replaced with the following: CHAPTER 24 PEDDLERS DOOR TO DOOR SALES AND TEMPORARY BUSINESS LICENSES ARTICLE 1.TEMPORARY BUSINESS LICENSES Sec.24-1.Definitions. Temporary business shall mean a business which shall be conducted or operated for less than 14 consecutive days. Sec.24-2.License. A Temporary business may obtain a Temporary Business License pursuant to this chapter which shall satisfy the requirements of Chapter 17 for a business license. Sec. 24-3.Form of licenses and applications. A. Each applicant for a Temporary Business License shall file a written application for such license on a form to be prescribed by the Director of Finance or his designee. B. The application may require: Bill 2011-97 Page 1 of 6 1. The names of the eru sons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the iiIn the local addresses of such erp sons while engaged in such business; the permanent addresses of such persons; the capacity in which such erp sons will act that s, whether as proprietor, agent or otherwise); the name and address of the ep rson for whose account the business will be carried on if any; and if a corporation,under the lays of what state the name is incorporated. 2. Evidence of the applicants fitness to carry on the business for which the license is sought. 3. The Ip aces in the KLty where it is proposed to carry on the applicant's business and the length of time during which it is proposed that such business shall be conducted. 4. The Ip aces, other than the permanent 1p ace of business of the applicant, where the applicant, within the six months next preceding the date of such application, conducted a business, stating e nature tth hereof and ig'ving the post office and street address of any building or office in which such business was conducted. 5. A statement of the nature, character and uoality of the oQ ods, wares or merchandise to be sold or offered for sale b the applicant in the city; the invoice value and quality of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced; and where such og•ods or products are located at the time such application is filed. 6. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers; if required b the finance director, gq s of all such advertising, whether b handbills, circular, newspaper advertising or otherwise, shall be attached to such application as exhibits thereto. 7. Whether or not the erp sons having the management or supervision of the applicant's business have been convicted of a cry misdemeanor or the violation of any municipal ordinance,the nature of such offense and the punishment assessed therefor. 8. Credentials from the eu rson for which the applicant proposes to do business, authorizing the applicant to act as such representative. 9. Such other reasonable information as the Director of Finance or his designee may deem rp oper to fulfill the purposes of this article in the protection of the public good. Sec.24-4. Criminal Background check authorized. The Director of Finance or his designee may require that criminal background check performed by the Missouri State Highway Patrol accompany a cony of the application. Sec.24-5. Investigation; issuance or denial; contents. Upon receipt of an application for a license under this article the Finance Director shall investigate the applicant. If the Director finds that the applicant has been convicted within the past five J51 years of a crime or ordinance which relates to his fitness to carry on the proposed business, the application shall be denied. Otherwise.the license shall be issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of such license, the 1p ace where such business may be carried on under the license and the names of the erp sons authorized to carry on the same. Bill 2011-97 Page 2 of 6 Sec.24-6.Fee. The license fee which shall be set by the CCU Administrator and shall be set out in Schedule Y. Sec.24-7. Length of License. The license issued by the Director of Finance shall specify the dates for which the license has been issued and shall not exceed 14 days. Sec.24-8.Transfer. No license issued pursuant to this article shall in any case be transferred or assigned. Sec.24-9. Posting. The license issued under this article shall be op sted conspicuously in the Ip ace of business named therein. In the event that such ep rson applying for the license shall desire to do business in more than one —place within the city, separate licenses may be issued for each 1p ace of business, and shall be ou sted conspicuously in each 1p ace of business. Sec.2424=10. Revocation & Appeal, A. Licenses issued under this section may be revoked in the same manner of revocation as provided in Chapter 17. B. In addition to the reasons for revocation identified in Chapter 17, a license issued pursuant to this article may be revoked for the following reasons: 1. Any fraud,misrepresentation or false statement contained in the application for license. 2. Any frfA misrepresentation or false statement made in connection with the selling of goods,wares or merchandise. 3. Any violation of this article. 4. Conviction of the licensee of an felony or of a misdemeanor involving moral turpitude. S. Conducting the business licensed under this article 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 up blic. C. Appeals of a revocation of an licenses issued under this section shall be appealed in the same manner as provided in Chapter 17. Secs.24-11 -24-49. Reserved. Bill 2011-97 Page 3 of 6 ARTICLE I1.DOOR TO DOOR SALES. Sec.242450. License required for selling door to door. Anv ep rson soliciting sales or orders of any good or service by og ine onto the property of another without first being invited onto said property by an occupant of said property on behalf of a for-profit business interest shall first obtain a"Door to Door Sales License". See.24-51. Application. A. Each applicant for a Door to Door License shall file a written application for such license on a form to be prescribed by the Director of Finance or his designee. B. The application may require: 1. The name and description of the applicant. 2. Permanent home address and full location address of the applicant. 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 emploved, the name and address of the employer, to ether with credentials establishing the exact relationship. L. The length of time for which the right to do business is desired. 6. In the case of the applicant intends to use a vehicle a description of same, together with license number or other means of identification. 7. In the case that orders are being [alien for delivery &1 11 later!!ML the name of t he place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of deliverv. S. A certified copy of a Missouri State Highway Patrol criminal records report for all employees who will be selling door to door. 9. Whether or not the applicant will be taking orders for delivery of goods a later time. 10. Such other reasonable information as the Director of Finance or his designee may deem proper to fulfill the purposes of this article in the protection of the public good Sec.2424=52. Investigation; issuance or denial; contents. A. Upon receipt of an application under this article,the original shall be referred to the chief of ou lice. who,with the finance department, shall cause an investigation of the applicant. If it is found that the applicant has been convicted within the past five(5)vears of as crime or ordinance which relates To his fitness to carry on the proposed business or activity, the chief of op [ice shall endorse on such application his disapproval,and his reasons for the same, and return the application to the finance department, which shall notifv the applicant that his application is disapproved and that no license will be issued. B. B as a result of such investigation, the applicant is found not to be ineligible for the license, the chief of pRlige shall endorse on the application his approval, execute a ep rmit addressed to the Bill 2011-97 Page 4 of 6 applicant for the carrying on of the business applied for and return such ep rmit. along with the application, to the finance department, which upon pavment of the prescribed license fee, issues the license. Such license shall contain the signature and seal of the issuing officer and shall show the name,address and photograph of such licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of an vehicle used in such peddling,soliciting or canvassing. Sec.24-53.Door to Door License Fee The Citv Administrator shall set a fee for this license which shall be set forth in Appendix Y. Sec.24-54. Bond. Every applicant for a license under this article who is taking order for delivery of a good a later time shall file with the finance department a surety bonj running to the c m the amount of ten thousand dollars (S10,000.00), with surety approved by the Director of Finance or his designee guaranteeing to any citizen of the citv that all money paid as a down payment will be accounted for and applied according to the representations of the licensee and further guaranteeing to anv citizen of the iiij doing business with the applicant will be delivered the citizen's purchase according to the representations of the applicant. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved ep rson. Sec. 171755. License vear and due date. The license year and due date for a Door to Door License merchants shall be the same as a business license. Sec.24-56.Transfer. No license issued pursuant to this article shall in anv case be transferred or assigned. Sec.24-57.Exhibition. All licensees shall exhibit their license in an open and prominent manner upon their approach to anv citizen or resident and at the request of an citizen or resident. Sec.242458.Revocation &Appeal. A. Licenses issued under this section may be revoked in the same manner as provided in Chapter 17. B. In addition to the reasons for revocation identified in Chapter 17, a license issued pursuant to this article may be revoked for the following reasons: L Any Lang,misrepresentation or false statement contained in the application for license. 2 Any fry misrepresentation or false statement made in connection with the selling of goods,wares or merchandise. 3. Any violation of this article. 4. Conviction of the licensee of an felony or of a misdemeanor involving moral turpitude. 5. Staving on a premises after being asked to leave by an occupant. Bill 2011-97 Page 5 of 6 6. Conducting the business licensed under this article in an unlawful manner or in such a 7. manner as to constitute a breach of the peace or to constitute a menace to the health,safet or ee neral welfare of the up blic. C. Appeals of a revocation of any licenses issued under this section shall be appealed in the same manner as provided in Chapter 17. Sec.24-59. Loud noises prohibited. No licensee under this article, nor anyone in his behalf, shall shy make any outcry, blow a horn, rip a bell or use an other sound device, including an loud speaking radio or amplifying system, upon any of the streets, alleys, parts or other public Ip aces of the citv or upon an private premises in the KLtj where sound of sufficient volume is emitted or produced therefrom capable of being Ip ainly heard upon the streets, alleys or parks or other public Ip aces. for the purpose of attracting attention to an og ods, wares or merchandise which such licensee proposes to sell. Sec.24-60. Use of streets. No licensee under this article shall have an exclusive right to any location in the public streets, nor shall be be permitted a stationary location, nor shall he be permitted to operate in any congested where his operations might impede or inconvenience the public. For the purposes of this section, the judgment of a op lice officer, exercised in good fad shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Sec.24-61. Hours of Operation. No licensee under this article shall go door to door before 8_00 a.m.or after 8:00 p.m. Sec.24-62. Identification Every licensee under this article shall have his or her name and the name of the company or business for whom they are working identified on their ep rson in an easily identifiable manner. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. r� Passed: � fly°; '9 w o Approved: Presiding Officer Mayor ATTEST: ` APPROVED AS TO FORM: City Clerk Interim City Counselor Bill 2011-97 Page 6 of 6