Think of the enjoyable experience tourists in downtown Branson could have if only every shop owner in downtown had people out on the public sidewalks trying to persuade those visitors to come into their establishment. One can just picture joy on their faces as business after business accosts them on the public sidewalk and tries to persuade them to come into their shop or establishment.
Now the more astute reader will probably say that the looks on the faces of downtown Branson’s tourists, should such activity be permitted, would probably not be one of joy, but one of aggravation and annoyance. Why? Because most people do not like to be involuntarily interrupted while walking on a public sidewalk even incidentally, let alone by every business in town.
Indeed, the Branson Municipal Code (BMC) acknowledges that fact and has a specific provision to prevent that very thing from happening. Section 26-67 of the BMC, entitled, “Unlawful Solicitations,” makes it unlawful “to solicit when either the solicitor or the person being solicited is located on public property.” But wait, it gets even better, just in case anyone has a problem understanding that simple concept, another provision of the same section goes into even more detail and makes it a specific violation of that section to solicit when either the solicitor or the person being solicited is located on public property and “Within ten feet of the doorway to any business.”
Recently, Paul D. Link, Branson’s City Attorney, said, “There has been some downtown businesses that have issued some complaints recently about some vacation club sales and time shares, that kind of business, getting a lot of locations in downtown Branson and soliciting people on the sidewalk.”
At the same meeting Sergeant Sean Barnwell, in talking about the what Branson Police have experienced while trying to enforce Branson’s solicitation ordinance said, “We have yet to have any high pressure sales.” He went on to say, “About the only thing that has been brought up is this offer of free tickets which is an issue because we’re trying to determine whether or not, let me back down. It’s been my experience talking with the prior city attorney that the offer of something free on the sidewalk isn’t regulated by ordinance and is allowed.”
Sergeant Barnwell continued by pointing out that what they are actually doing is offering free show tickets to a show hoping to get these people into their businesses to actually try to sell them on taking a tour. In an Ole Seagull’s mind one thing seems certain, free tickets or not, it is solicitation and it is being done on the public sidewalks.
The solution presented at the meeting related to a change in the ordinance to address the free ticket issue by adding a definition of “solicit” to the ordinance. The definition would read, “Means to initiate contact with a member of the public by the offer of any free or discounted goods or services in exchange for any action on the part of that member of the general public.”
May an Ole Seagull suggest that, outside of the fact that the restrictive definition of “solicit,” when incorporated by reference elsewhere would just about neuter the solicitation ordinance, no ordinance change is needed. All that is needed is vigorous enforcement of the existing ordinance.
It’s not whether or not free tickets are offered or even what is offered and actually delivered. It is whether or not a person was solicited on public property and it is very clear that they were. It makes no difference whether that solicitation is for the sale of vacuum cleaners, free tickets to a show, or free peanut butter if the person orders the ham steak breakfast at Clockers. If the solicitation takes place on the public sidewalk it is a violation of the current ordinance.
In an Ole Seagull’s opinion, the only thing wrong with the current ordinance is that it’s not being enforced. He truly believes that if it is vigorously and equally enforced against anyone that solicits on the public sidewalks, be it for vacuum cleaners, time share and vacation clubs, free tickets, etc that the problem will be solved in short order. Absent that all the ordinance changes in the world aren’t going to make a difference.
