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Chapter 615: PEDDLERS AND SOLICITORS

Section 615.010.  Peddlers and Solicitors Defined. [Ord. No. 631 §1(52.010), 5-14-1991]

For the purpose of this Chapter there shall be no difference to the rights, privileges and duties required of peddlers and solicitors, except that peddlers shall be required to pay a fee for the identification card hereinafter required. 

PEDDLER — One who, for profit to himself/herself or his/her principal, sells any good or service, or seeks a donation for any cause of a profit-making or commercial character.  

SOLICITOR — One who solicits for a charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service.   

Section 615.020.  Presumption. [Ord. No. 631 §1(52.020), 5-14-1991] 

 A.    It shall be presumed that an individual is a peddler rather than a solicitor. This presumption may be overcome by: 
  1.       A showing that donations to the organization for which one wishes to solicit is exempt from Federal Income Taxation under Section 503 of the Internal Revenue Code. 
  2.       A showing that the organization for which one wishes to solicit is an organization whose primary purpose is to influence public policy.     

Section 615.030.  Identification Card Required. [Ord. No. 631 §1(52.030), 5-14-1991]

No person shall engage in any act as a peddler or solicitor without first obtaining an identification card in accordance with the provisions herein. Any person who does so shall be guilty of a misdemeanor. 

Section 615.040.  Fee. [Ord. No. 631 §1(52.040), 5-14-1991] 

 A.    Any person desiring a peddler's identification card shall pay a fee of twenty dollars ($20.00) per card. 
 B.    There shall be no fee for a solicitor's identification card.   

Section 615.050.  Application for Card. [Ord. No. 631 §1(52.050), 5-14-1991]

Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the City Clerk. 

Section 615.060.  Contents of Application. [Ord. No. 631 §1(52.060), 5-14-1991] 

 A.    The applicant shall provide the following information: 
  1.       Name of applicant. 
  2.       The number of identification cards required. 
  3.       A statement as to the type of cards requested. 
  4.       If one (1) or more solicitors' cards are requested, information required to overcome the presumption of Section 615.020 of this Chapter. 
  5.       If one (1) or more peddlers' cards are requested, the fee for each card as provided in Section 615.040 of this Chapter. 
  6.       The name and physical description (or in lieu thereof, a photograph) of each person for which a card is requested. The Chief of Police is directed to offer to any applicant to take instant photographs for which a reasonable fee not to exceed one dollar ($1.00) shall be charged. Instead of providing the physical description, or photograph, the applicant may exhibit a valid driver's license or similar identification for each person for whom a card is requested, and a photocopy of said identification shall be attached to said application. 
  7.       The permanent and (if any) local address of the applicant. 
  8.       The permanent and (if any) local addresses of each person for whom a card is requested. 
  9.       A brief description of the proposed activity subject to this identification card requirement. 
  10.     A statement as to whether or not the applicant has been convicted of any crime, and if so, the nature of the offense and the penalty imposed. 
  11.     A statement as to each person for whom a card is requested as to whether that individual has been convicted of any crime, and if so, the nature of the offense and the penalty imposed. 
  12.     The motor vehicle make, model, year, color and registration number of any vehicle which shall be used in the proposed activity. 
  13.     The permanent name and address of the organization or person (with respect to a solicitor's card) who can provide a prospective donor with more information about the charity for which funds are solicited, and from whom information can be obtained as to the disposition of all funds collected, or (with respect to a peddler's card) of the individual organization to whom complaints can be made for defective merchandise, who is responsible for any breach of warranty, and from whom additional merchandise can be ordered. 
  14.     Name and address of person or organization which is intended to receive donations or profits. 
  15.     Any other information the applicant wishes to provide.     

Section 615.070.  Special Requirements for Peddler's Card. [Ord. No. 631 §1(52.070), 5-14-1991] 

 A.    No person shall be issued a peddler's identification card unless, in addition to the requirements of the preceding Section: 
  1.       He/she demonstrates that he/she (or in the case of an agent, his/her principal) has a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo. 
  2.       He/she, or his/her principal, deposits with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) per card to secure collection and payment to the State Department of Revenue of all City sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City, if applicant does not (within ninety (90) days of the expiration or surrender of his/her peddler's card) demonstrate by affidavit or otherwise that said sales taxes have been paid. 
  3.       He/she demonstrates either: 
             a.  He/she is a licensed itinerant vendor within the meaning of Section 150.380, RSMo., or 
             b. He/she is exempt from said requirement.   
  1.       He/she demonstrates either: 
              a. He/she has a "peddler" license from the County and State as required by Section 150.470, RSMo., or 
              b. He/she is exempt from said requirement.       

Section 615.080.  Issuance of Identification Card. [Ord. No. 631 §1(52.080), 5-14-1991] 

 A.    Three (3) working days after the application, or sooner if reasonably possible, the requested identification cards shall be issued, unless: 
  1.       The application is incomplete (in which case the City Clerk will reject the application at the time of its tender or within fifteen (15) minutes thereafter). 
  2.       The required fee (if any) has not been paid. 
  3.       The applicant has been convicted of a felony. 
  4.       With respect to a particular card, if the individual for whom a card is requested has been convicted of a felony. 
  5.       If any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect. 
  6.       If the applicant, or if a particular individual for whom an identification card is requested, has had a previous identification card revoked.     

Section 615.090.  Investigation. [Ord. No. 631 §1(52.090), 5-14-1991]

During the period of time following the application for issuance of one (1) or more identification cards and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. 

Section 615.100.  Denial. [Ord. No. 631 §1(52.100), 5-14-1991]

If the City Clerk denies the identification card to one (1) or more persons, he/she shall prepare promptly (and in no event later than two (2) working days after the denial) a written report of the reason for his/her denial which shall be immediately made available to the applicant. The applicant shall be entitled to correct in writing any deficiencies so noted in the report, which corrections or changes when filed shall be treated as a new application. 

Section 615.110.  Applicant's Rights Upon Denial of an Identification Card. [Ord. No. 631 §1(52.110), 5-14-1991] 

  A.   If an identification card is denied to an applicant, the applicant shall have the option of an immediate hearing in front of any three (3) tribunals at the applicant's option. At such hearing, the City Attorney on behalf of the City shall be required to demonstrate by the preponderance of the evidence that the applicant is not entitled to an identification card under this Chapter. The applicant may choose to take his/her case before any of the following tribunals: 
  1.       Board of Aldermen. The Board of Aldermen at its next regular meeting, or if the next regular meeting is more than ten (10) days from the denial of the identification card, at a special meeting to be held within that ten (10) day period. 
  2.       Municipal Court. The Municipal Court of the City, provided that such a hearing will be scheduled within ten (10) days of the request. 
  3.       Circuit Court. The Circuit Court of Macon County within the regularly scheduled procedures of the Circuit Court.     

Section 615.120.  Hearing on Applicant's Denial of Identification Card, Procedure. [Ord. No. 631 §1(52.120), 5-14-1991]

If the applicant requests a hearing under Section 615.110(1) or (2), the said hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, and review from the decision shall be had to the Circuit Court of Macon County, Missouri, on the record. Should applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment against the City. 

Section 615.130.  Display of Identification Card. [Ord. No. 631 §1(52.130), 5-14-1991]

Each identification card shall be, when the individual for whom it was issued is acting as a peddler or solicitor, worn on the outer clothing of the peddler or solicitor, so as to be reasonably visible to any person who might be approached by said peddler or solicitor. 

Section 615.140.  Validity of Identification Card. [Ord. No. 631 §1(52.140), 5-14-1991]

An identification card should be valid within the meaning of this Chapter for a period of twelve (12) months from its date of issuance, thereafter it shall expire. An applicant with an expired identification card shall be considered as having no identification card whatsoever and will be required to apply for a new card if he/she wishes to peddle or solicit within the City. 

Section 615.150.  Revocation of Card. [Ord. No. 631 §1(52.150), 5-14-1991] 

 A.    Any identification card granted hereunder may be revoked by the Municipal Court after the filing of an information by the Prosecuting Attorney and a hearing thereon for any of the following causes: 
  1.       Any violation of this Chapter by applicant or the person for whom the particular card was issued. 
  2.       Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity. 
  3.       Convicted of a felony. 
  4.       Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.     

Section 615.160.  General Prohibitions. [Ord. No. 631 §1(52.160), 5-14-1991] 

 A.    No person having a solicitor's or peddler's license can/shall: 
  1.       Enter or remain on private property where he/she has no reason to believe that the residents thereof have indicated the solicitor or peddler is not welcome. 
  2.       Make an uninvited entry into a resident's home. 
  3.       Refuse to discontinue his/her message when requested by a hearer to do so, when on private property occupied by the hearer. 
  4.       Enter upon any private property, knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor or peddler, either by a posted sign or otherwise.     

Section 615.170.  City Responsibilities. [Ord. No. 631 §1(52.170), 5-14-1991]

Any resident of the City may list his/her property with the City Clerk and direct that his/her property is not to be entered by a solicitor or peddler. This list shall be available for public inspection. Upon the issuance of any solicitor or peddler's license, a copy of the list shall be provided with each card. No card holder may enter the private property nor contact any person so listed. (Such listing shall continue for two (2) years, unless listee requests sooner removal, at which time the listing shall be removed, unless the listee shall request the same be continued an additional two (2) years.) 

Section 615.180.  Time Limits. [Ord. No. 631 §1(52.180), 5-14-1991] 

 A.    No person shall solicit or peddle within the corporate limits of this City except within the time limits prescribed in this Section: 
  1.       From 9:00 A.M. until 9:00 P.M., Monday through Friday, and from 10:00 A.M. until 8:00 P.M. on Saturday and from 1:00 P.M. until 8:00 P.M. on Sunday. 
  2.       Notwithstanding Subparagraph (1) above, no person shall peddle or solicit at anytime after sunset on any day unless he/she: 
          a. Is dressed in light-colored or reflective clothing; 
          b. Has notified the Chief of Police of his/her intention to solicit after dark.       

Section 615.190.  Special Restrictions on Peddler. [Ord. No. 631 §1(52.190), 5-14-1991] 

 A.    No person having a peddler's identification card shall peddle or solicit merchandise: 
  1.       At any place except within the business district of the City as defined by its zoning ordinances or within twenty-five (25) feet to any non-conforming commercial establishment. 
  2.       Outside of the area provided in Subsection (1) above unless he/she has a specific oral or written invitation to approach the dwelling. 
  3.       This Section shall not apply to any person who solicits individuals on real estate in which the person or his/her principal has an ownership or leasehold interest.     

Chapter 620: CIGARETTES

Section 620.010.  Definitions. [Ord. No. 691 §1(83.010), 12-10-1996]

When used in this Chapter the following words shall have the meanings respectively ascribed to them: 

CIGARETTE — An item manufactured of tobacco or any substitute therefor, wrapped in paper or any substitute therefor, weighing not to exceed three (3) pounds per one thousand (1,000) cigarettes and which is commonly classified, labeled or advertised as a cigarette.  

CONSUMER — A person who comes into possession of tobacco for the purpose of consuming it, giving it away or disposing of it in any way.  

DEALER — Any person dealing directly with the manufacturer of cigarettes in their purchase and in the business of selling cigarettes as a first (1st) seller.  

FIRST SELLER — Includes all persons who make the initial or first (1st) sale or distribution of cigarettes within the City.  

PACKAGE — The individual package, box or other container from which sales of cigarettes are normally made or intended to be made.  

PERSON — Any individual, corporation, firm, partnership, incorporated or unincorporated association, or any other legal or commercial entity.  

RETAILER — Any person who sells to a consumer or to any person for any purpose other than resale.  

SALE — In this instance is defined to be and declared to include sales, barters, exchanges and every other manner, method and form of transferring the ownership of personal property from one (1) person to another. "Sale" also means the possession of cigarettes or tobacco products by any person other than a manufacturer, wholesaler or retailer and shall be prima facie evidence of possession for consumption.  

VENDING MACHINE OPERATOR — All persons engaged in the distribution or sale of cigarettes by means of coin-operated vending machines.  

WHOLESALER — Any person, firm or corporation organized and existing, or doing business, primarily to sell cigarettes or tobacco products to, and render service to, retailers in the territory the person, firm or corporation chooses to serve; that purchases cigarettes or tobacco products directly from the manufacturer; that carries at all times at his/her or its principal place of business a representative stock of cigarettes or tobacco products for sale; and that comes into the possession of cigarettes or tobacco products for the purpose of selling them to retailers or to persons outside or within the State who might resell or retail the cigarettes or tobacco products to consumers. This shall include any manufacturer, jobber, broker, agent or other person, whether or not enumerated in this Chapter, who so sells or so distributes cigarettes or tobacco products.  

Section 620.020.  Registration and Licensing of Certain Persons Mandatory — Fees. [Ord. No. 691 §1(83.020), 12-10-1996]

Every wholesale dealer, jobber, manufacturer or retail dealer, or any other person, engaged in selling cigarettes or offering, delivering or displaying cigarettes for sale within the City shall procure a license therefor for each place of business that he/she desires to have for such sale or distribution of cigarettes and at the same time such license is issued shall pay to the City Collector the sum of one dollar ($1.00) for each such place of business, which shall be a registration fee. 

Section 620.030.  Payment of Occupation Tax Required. [Ord. No. 691 §1(83.030), 12-10-1996]

Every dealer or wholesaler engaged in the business of selling cigarettes or offering or displaying the same for sale within the City shall pay an occupation tax at the rate of one dollar ($1.00) per thousand for all cigarettes sold or offered or displayed for sale. This tax shall be paid but once, as provided for in Section 620.050, and only by the dealer or wholesaler selling cigarettes or displaying or offering them for sale. The intent and meaning of this Chapter is that the same shall levy an occupation tax based upon and pursuant to the methods provided for by the Revised Statutes of Missouri, and pursuant to the powers therein granted and the powers contained in this Chapter. The occupation tax provided for herein shall be paid by the dealer or wholesaler, as defined in Section 620.010, selling cigarettes or offering them for sale. 

Section 620.040.  Payment — Discount. [Ord. No. 691 §1(83.040), 12-10-1996]

The tax provided for in Section 620.030 shall be paid to the City Collector and in the collection of such tax, the City Collector shall allow a discount of two percent (2%) of the face value thereof to cover the cost of labor in satisfying the reporting requirements provided for herein. 

Section 620.050.  Monthly Payment. [Ord. No. 691 §1(83.050), 12-10-1996]

It shall be the duty of every dealer or wholesaler, as defined in Section 620.010, selling, offering or displaying for sale any package of cigarettes, to remit the monthly cigarette tax reporting form and full payment by the fifteenth (15th) day of each following month. The cancelled check, accompanied by the monthly cigarette tax reporting form, shall be proof of payment. 

Section 620.060.  Rules and Regulations — Records. [Ord. No. 691 §1(83.060), 12-10-1996] 

 A.    For the purpose of enabling the City Collector to enforce the terms of this Chapter the following provisions are enacted: 
  1.       Each dealer in the City and those wholesalers and retailers as defined in Section 620.010 shall procure and retain invoices showing the amount and value of the shipment of cigarettes received by him/her, the date thereof, and the name of the shipper, and shall retain this invoice for a period of three (3) years subject to the use and inspection of the City Collector. 
  2.       All dealers, wholesalers and retailers as defined in Section 620.010 within the City of La Plata shall maintain and keep for a period of three (3) years such other records of cigarettes received, sold or delivered within the City as may be required by the City Collector or the Board of Aldermen. 
  3.       The City Collector or his/her duly authorized representatives, are authorized to examine the books, papers, invoices and other records, stock of cigarettes in and upon any premises where they are placed, stores or sold, and equipment of any such dealer, wholesaler, or retailer pertaining to the sale and delivery of cigarettes taxable under this Chapter. 
  4.       To verify the accuracy of the occupation tax imposed and assessed by this Chapter, each person, as defined in Section 620.010, is directed and required to give to the City Collector or his/her duly authorized representatives, the means, facilities and opportunity for such examinations as are herein provided for and required. 
  5.       In addition to the powers herein granted to the City Collector he/she is authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to the delegation of his/her powers to a deputy or other employee of his/her office and any other matter or thing pertaining to the administration and enforcement of the provisions of this Chapter. 
  6.       Cigarette tax reporting information received from the State of Missouri shall be held in confidence and used solely for verifying cigarette tax payment.     

Section 620.070.  Refunds. [Ord. No. 691 §1(83.070), 12-10-1996]

The City Collector is authorized to adopt, prescribe and promulgate rules and regulations including a monthly cigarette tax reporting form with regard to the presentation and proof of claim for refunds and credits as he/she may deem advisable. 

Section 620.080.  Oaths and Subpoenas. [Ord. No. 691 §1(83.080), 12-10-1996]

The City Collector or his/her employees or agents duly designated and authorized by him/her shall have the power to administer oaths and take affidavits in relation to any manner or proceedings in the exercise of their powers and duties under this Chapter. The City Collector shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the enforcement of this Chapter and to examine them in relation thereto. 

Section 620.090.  Penalty for Violation of Failing to Pay the Occupation Tax. [Ord. No. 691 §1(83.090), 12-10-1996]

Any person violating this Chapter by failing to file the report and make the payment provided for in Section 620.050 hereof shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days or be punished by both such fine and imprisonment. Failure to file each monthly report and make each monthly payment shall be deemed a separate offense. 

Section 620.100.  Application for, Issuance of and Provision Governing Cigarette Registration Licenses — Duplicates for Lost Certificates. [Ord. No. 691 §1(83.100), 12-10-1996]

Every application for a cigarette registration license shall be made upon a form prescribed, prepared and furnished by the City Collector, and shall set forth such information as he/she shall require. Upon approval of such application, the City Collector shall grant and issue to the applicant therefor a cigarette registration license as herein provided. Cigarette registration licenses shall not be assignable and shall be valid only for and in the name of the person in whose name issued, and only for the transaction of business at the place and address designated therein, and shall at all times be conspicuously displayed at the place and address for which issued. All cigarette registration licenses shall expire one (1) year after the date of issue, unless sooner surrendered, suspended or revoked for cause by the City Collector. Whenever any cigarette registration license issued under the provision of this Chapter shall be defaced or is destroyed or lost the City Collector, shall, upon application, issue a duplicate thereof to replace the defaced, destroyed or lost license upon the payment of a fee of fifty cents ($.50) therefor. It shall be the duty of any person holding such cigarette registration license to apply for such replacement at any time the license theretofore issued to such person becomes defaced or is destroyed or lost immediately upon the fact being discovered. 

Section 620.110.  Revocation or Suspension of Registration Licenses. [Ord. No. 691 §1(83.110), 12-10-1996]

The City Collector, after hearing, shall suspend or revoke any cigarette registration license whenever he/she finds that the holder thereof has failed to comply with any of the provisions of this Chapter or any of the rules or regulations prescribed or promulgated under the provision of this Chapter by the City Collector. Upon suspending or revoking any cigarette registration license, the City Collector shall request the holder thereof to surrender to him/her immediately all license cards or tokens, or duplicates thereof, and the holder thereof shall surrender promptly all such license cards or tokens, or duplicates thereof, to the City Collector as requested. Whenever the City Collector suspends or revokes any cigarette registration license he/she shall notify the holder thereof immediately, and afford such license holder a hearing if desired by such license holder, unless such hearing has already been afforded. After such hearing the City Collector shall either rescind his/her order suspending or revoking such cigarette registration license or, good cause appearing therefor, shall continue such suspension or revocation of such cigarette registration license. 

Section 620.120.  Duty of Vending Machine Operators to Affix Registration Certificates to Machines — Prohibited Sales, Etc. [Ord. No. 691 §1(83.120), 12-10-1996]

Every person who in the capacity of owner, lessee, tenant or otherwise in any other capacity shall operate or cause to be operated, directly or indirectly, any vending machine for selling or dispensing cigarettes to the public at retail shall obtain from the City Collector the license registration as provided in Section 620.020, and any such license registration, in whatever form prescribed by the City Collector, shall be affixed in a conspicuous place on such vending machine. Any persons violating this Section by failing to obtain the required license registration shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days or be punished by both such fine and imprisonment. 

Section 620.130.  Seizure and Sale of Cigarettes, Vending Machine, Etc., When Required Tax Not Paid — Application of Proceeds of Sale. [Ord. No. 691 §1(83.130), 12-10-1996]

Whenever the City Collector shall discover any cigarettes, subject to the occupation license tax imposed by this Chapter, upon which the occupation license tax has not been paid as provided herein, then the City Collector is hereby authorized and empowered forthwith to seize and take possession of such cigarettes, together with any vending machine or other mechanical device for selling or dispensing such cigarettes or receptacle in which they are held for sale, and the same shall thereupon be deemed to be forfeited to the City. The City Collector may, within a reasonable time, but in no case longer than thirty (30) days after such seizure, by first causing notice of his/her intention so to do to be posted in at least five (5) places of public view within the City for at least five (5) days prior to the day of such sale, proceed to sell such forfeited cigarettes and equipment at the time and place and by the terms designated in such public notices of such sale posted as aforesaid. For the proceeds of such sale the City Collector shall first collect the occupation license tax due on such cigarettes together with a penalty of fifty percent (50%) thereof in addition to the amount of the occupation license tax due on such cigarettes, and the cost and expenses incurred in such proceedings. The City Collector shall pay the balance remaining in the funds realized from such sale after collecting the tax and penalty and costs and expenses of sale as aforesaid, if any, to the person in whose possession such cigarettes were found; provided, that such seizure and sale of such cigarettes and equipment shall not be deemed to relieve any person from any responsibility, penalty, fine or imprisonment for violation of any of the provisions of this Chapter. 

Section 620.140.  Dealers Outside City. [Ord. No. 691 §1(83.140), 12-10-1996]

Any dealer whose place of business is outside the corporate limits of the City shall be bound by all of the provisions of this Chapter. 

Section 620.150.  Disposition of Revenue From Sale of Stamps, Etc. [Ord. No. 691 §1(83.150), 12-10-1996]

The proceeds received from the sale of the occupation license tax imposed by this Chapter, after first deducting the necessary costs and expenses incident to the administration thereof and the necessary costs and expenses of the collection of the occupation license tax, shall be allocated to the General Revenue Fund. 

Section 620.160.  Severability. [Ord. No. 691 §2, 12-10-1996]

The provisions of this Chapter shall be severable. In the event that any provision of this Chapter is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this Chapter are valid unless the court finds the valid provisions of this Chapter are so essentially and inseparably connected with, and so dependent upon the void provisions that it cannot be presumed that the Board of Aldermen would enact the valid provisions without the void ones or unless the court finds that the valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.