CHAPTER V. BUSINESS LICENSES AND REGULATIONSCHAPTER V. BUSINESS LICENSES AND REGULATIONS\ARTICLE 1. SOLICITORS, CANVASSERS, PEDDLERS

For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   Soliciting shall mean and include any one or more of the following activities:

(1)   Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or

(2)   Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

(3)   Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.

(b)   Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

(c)   Canvasser or Solicitor shall mean any individual, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

(d)   Peddler shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from Street to Street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler.

(e)   Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

(f)   Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city.

(Code 1991)

It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefore in his or her possession and issued by the city clerk.

(Code 2010)

Before the city clerk may issue any license required by this article, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information:

(a)   Name and description of applicant;

(b)   Permanent home address and full local address of applicant;

(c)   Identification of applicant including drivers license number, date of birth, expiration date of license and description of applicant;

(d)   Identification of vehicle used by applicant including license therefore used by applicant in conducting his or her business;

(e)   A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;

(f)   If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business;

(g)   The length of time which business is proposed to be carried on;

(h)   The place where services are to be performed or 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 the application is filed, and the proposed method of delivery;

(i)    A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefore, if any, and the city and state where conviction occurred.

(j)    The applicant's Kansas Sales Tax number.

(Code 1991)

All licenses required by this article shall be issue by the city clerk.

(Code 1991)

(a)   It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality or nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.

(b)   Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same.

(c)   Licenses shall be issued only to persons and shall not be transferrable or assignable.

(Code 1991; Ord. 1997-4, Sec. 1)

At the time of filing the application, a fee of $10.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application.

(Ord. 1997-4, Sec. 2)

(a)   Upon receipt of the above application, the city clerk shall refer the same to the chief of police who shall cause an investigation of the facts stated therein to be made within not to exceed three business days.

(b)   If as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the chief of police shall endorse on such application his or her findings and endorse his or her disapproval of the application and the reasons for the same and shall return the application to the city clerk who then shall notify the applicant that his or her application is disapproved and that no license will be issued.

(c)   If however, the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the chief of police shall endorse his or her findings and approval on the application and return the same to the city clerk who shall immediately upon payment of the license fee prescribed hereafter, issue a license to the applicant to engage in the business described in the application. Such license shall be in such form as required by ordinance and shall show the name, address and photograph or fingerprints of the licensee and the kind of goods to be sold or services rendered and the amount of fee paid, the date of issuance and the length of time the license shall be operative.

(d)   The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police.

(Ord. 1997-4, Sec. 2)

(a)   The fee for the license required pursuant to section 5-102 shall be in the amount of $10.00 per each day, or portion thereof, that the licensee shall solicit within the city limits. Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license between the hours of 8 a.m. and 8 p.m. unless by specific invitation by the homeowner. Persons and firms not having a permanently established place of business in the city, but having a permanently established house-to-house or wholesale business shall receive such license upon the payment of $25.00 for any year, and may make solicitations or sales between the hours of 8 a.m. and 8 p.m., or upon invitation at any hour.

(b)   No license fee shall be required of: any eleemosynary organizations providing to the city clerk suitable proof of the nonprofit nature of the organization; any person selling products of the farm or orchard actually produced by the seller; any businesses, trades or occupations which are part of fairs or celebrations sponsored by the city or any other governmental subdivision, or the state, or when part of all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or the state.

(Ord. 1997-4, Sec. 2)

(a)   The chief of police may suspend or revoke any license issued under these articles, 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 the business.

(3)   Any violation of this article.

(4)   Conducting the business as defined in section 5-101 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace of the health, safety or general welfare of the city. Notice of the suspension or revocation of a license shall be in writing to the applicant and the city clerk and set forth the grounds of revocation.

(b)   Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or suspension or of a license as provided in this article, shall have the right of appeal to the governing body. Such appeal shall be taken by filing with the city clerk within 14 days after notice of suspension, revocation or denial of the license has been mailed to such applicant's last known address (or delivering of written notice directly to applicant or licensee, if applicable); setting forth the grounds for appeal. The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of hearing on suspension or revocation. The decision and order of the governing body on such appeal shall be final and conclusive.

(Ord. 1997-4, Sec. 2)

Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, nor shall any person be permitted a stationary location in the public streets, nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public.

(Code 1991)

Except when authorized in writing by the city clerk, no licensee nor any person in his or her behalf, shall 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 the city or upon any private premises in the 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.

(Code 1991)