Chapter Number 113 Peddling, Hawking, Canvassing, Soliciting

CHAPTER 113: PEDDLING, HAWKING, CANVASSING, SOLICITING AND AUCTIONEERING

Section

113.01 Permit required

113.02 Definitions

113.03 Separate permits

113.04 Issuance of permits

113.05 Permit types

113.06 Revocation of permit

113.07 Limited hours

113.08 Fees for permits

113.09 Signs excluding peddlers and the like

113.10 Auctions

� 113.01 PERMIT REQUIRED.

(A) Every person who shall sell, offer for sale or engage temporarily in the business of selling and delivering any goods, wares, nuts, candies, groceries, provisions, vegetables, fruits, clothing or other articles of value or barter or exchange the same at any point or place within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, vacant lot, motor vehicle or trailer other than land owned by the person or at a store kept by the person shall be deemed, called or known as a peddler, hawker, canvasser or solicitor, and it shall be unlawful for any person to sell or offer for sale any goods, wares, nuts, candies, groceries, provisions, vegetables, fruits, clothing or other articles of value or barter or exchange the same upon any streets, avenues, alleys or other public places within the city without first having obtained a permit for that purpose as hereinafter provided. (Prior Code, � 13.01)

(B) It shall be unlawful for any person to offer for sale or attempt to sell any product within the limits of the city or to engage in the door to door solicitations of sale within such area without first having obtained a permit for this purpose from the City Administrator.

(Prior Code, � 13.03) Penalty, see � 10.99

� 113.02 DEFINITIONS.

The terms PEDDLING, HAWKING, CANVASSING and SOLICITING are intended to include and shall also include all persons who go about the city selling or offering for sale or canvassing for the sale of personal property, whether or not said persons at the time seeking to make the sales have with them the property which is the subject of such sale.

(Prior Code, � 13.02)

� 113.03 SEPARATE PERMITS.

A separate permit shall be obtained for each individual peddler, hawker, canvasser or solicitor and must indicate both the name of the individual peddler, hawker, canvasser or solicitor and the firm or corporation which he or she represents.

� 113.04 ISSUANCE OF PERMITS.

(A) Upon proper application, the City Administrator may issue such permits to vend product upon the public roads within the city limits or to engage in door to door solicitation of sales within the city limits as deemed to be in the best interest of the inhabitants.

(Prior Code, � 13.05)

(B) Prior to the issuance of a permit, the applicant shall establish and provide written verification to the City Administrator of the following matters:

(1) Legal authority to occupy the premises upon which applicant proposes to conduct business;

(2) Compliance with state, Saint Louis County and local health and safety codes applicable to the conduct of the business;

(3) Proof of liability insurance coverage insuring the proposed business activities of the applicant during the permit period against claims for bodily injury, death and property damage in an amount established by the City Council.

(Prior Code, � 13.08)

� 113.05 PERMIT TYPES.

The following types of permits may be issued:

(A) A five-day permit;

(B) A permit for a period of time in excess of five days and no longer than one year.

(Prior Code, � 13.06)

� 113.06 REVOCATION OF PERMIT.

Such permit may be revoked by the City Administrator when it shall appear that the permittee has violated any of the provisions of this chapter.

(Prior Code, � 13.07)

� 113.07 LIMITED HOURS.

No peddlers, hawkers, canvassers or solicitors or door to door salespersons shall engage in any such activity within the city limits except between the hours of 8:00 a.m. and 8:30 p.m.

� 113.08 FEES FOR PERMITS.

There shall be no charge for permits issued to any persons affiliated with a Mountain Iron nonprofit organization. The fees for the five-day permit and for the permit in excess of five days shall be determined by resolution of the City Council from time to time.

(Prior Code, � 13.10)

� 113.09 SIGNS EXCLUDING PEDDLERS AND THE LIKE.

(A) Any resident of the city who wishes to exclude peddlers, hawkers, canvassers or solicitors from the premises occupied by him or her may place upon or near the usual entrance to such premises a printed sign bearing the following note: "Peddlers, Hawkers, Canvassers and Solicitors Prohibited." Such sign shall be at least 3� inches wide and the printing on it shall be no smaller than 48-point type. No person other than the person occupying such premises shall remove, injure or deface such placard or sign.

(Prior Code, � 13.11)

(B) No peddlers, hawkers, canvassers or solicitors shall enter in or upon any premises or attempt to enter in or upon any premises where a placard or sign is placed and maintained pursuant to division (A) of this section.

(Prior Code, � 13.12)

� 113.10 AUCTIONS.

It shall be unlawful in the city limits for any person to make, conduct, assist in the making or conducting any auction or public sale or exercise the business of trade of auctioneering without having first obtained a license to do so from St. Louis County and shall submit proof of licensure to any police officer of the city upon request.

(Prior Code, � 13.13) Penalty, see � 10.99