[Code 1983; CC 2000 §5-301]
For the purposes of this Chapter, the following words shall
be considered to have the following meanings:
Any individual, whether resident of the City or not, traveling
either by foot, wagon, 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/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.
Any person, whether a resident of the City or not, traveling
by foot, wagon, 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.
Includes every separate living unit occupied for residential
purposes by one (1) or more persons contained within any type of building
or structure.
Includes any one (1) or more of the following activities:
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
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character; or
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication.
Any person engaged in any manner in selling merchandise of
any kind from a wagon or stand temporarily located on the public streets
or sidewalks of this City.
Any person, whether as owner, agent, consignee or employee,
whether a resident of the City or not, 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.
[Code 1987; CC 2000 §5-302; Ord. No.
1346 §1, 6-15-2011]
A.
No person shall engage in the activities as defined in Section 610.010 within the corporate limits of the City without first obtaining a certificate of registration and license therefor. Any applicant for a license under this Chapter shall file with the City Clerk a sworn application on a form furnished by the City Clerk, which shall give the following information:
1.
Name,
date of birth, physical description of applicant and applicant's Kansas
sales tax number.
2.
Address
of applicant and address of location where applicant intends to offer
goods, wares, merchandise or personal property for sale.
3.
A brief
description of the name of the business to be conducted and the goods
to be sold.
4.
If applicant
is employed, name and address of the employer, together with credentials
establishing applicant's relationship to such employer.
5.
Length
of time for which the right to do business is desired.
6.
If a
vehicle is to be used, a description of the same, together with the
State vehicle license number carried on such vehicle.
7.
A statement
as to whether or not the applicant has within two (2) years prior
to the date of the application been convicted of any crime, misdemeanor
or violation of any municipal ordinance regulating peddlers or transient
merchants and, if so, the nature of the offense and the punishment
or penalty assessed therefor.
8.
Each
application shall be accompanied by the written permission of the
owner or tenant in possession of the location described in the application
from which or in front of which the applicant intends to offer goods,
services, merchandise or personal property for sale.
9.
Each
applicant shall provide at least one (1) government issued form of
identification bearing a photograph such as driver's license, or passport.
[Code 1983; CC 2000 §5-303]
Upon receipt of an application for certificate of registration
and license and compliance with the provisions of this Chapter, the
City Clerk shall issue a license. Such license shall contain the signature
and seal of the issuing officer and shall show the name and address
of the licensee, the date of issuance and length of time the license
shall be operative, and the nature of the business involved. 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. The solicitor
shall carry the certificate at all times.
[Ord. No. 459, 3-13-1974; Code 1985 §5-304; Ord. No. 698, 3-11-1987; CC 2000 §5-304]
A.
The fee for the license required pursuant to Section 610.020 shall be in the amount established in the fee schedule set out in Chapter 103, Section 103.050(A). 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 8:00 A.M. and 8:00 P.M. No solicitation or sales shall be conducted by any person during any other hours on said date.
B.
No license
fee shall be required of: 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 or all of the expenses of said fairs or celebrations are paid
for by the City, any other governmental subdivision or the State.
[Code 1983; CC 2000 §5-305]
A.
The Chief
of Police may revoke any license issued under this Chapter 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 Chapter.
4.
Conducting the businesses as defined in Section 610.010 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 City. Notice of the 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 revocation of a license as provided in
this Chapter shall have the right of appeal to the Governing Body.
Such appeal shall be taken by filing with the City Clerk within fourteen
(14) days after notice of revocation or denial of the license has
been mailed to such applicant's last known address 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 revocation. The decision and order of the Governing
Body on such appeal shall be final and conclusive.
[Code 1983; CC 2000 §5-306]
No peddler, canvasser or solicitor, nor any person in his/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.
[Ord. No. 685 §1, 5-28-1986; Code 1987; CC 2000 §5-307]
A.
No peddler,
canvasser or solicitor, nor any person in his/her behalf, shall engage
in any of the activities allowed under this Chapter where there appears
a sign bearing the words "no solicitors", "no trespasser" or words
of similar import indicating that such persons are not wanted on the
premises as painted, affixed or otherwise exposed to public view;
provided that this paragraph shall not apply to any person who gains
admittance to any premises at the invitation or with the consent of
the occupant thereof.
B.
It shall
be unlawful for any person to engage in any of the activities allowed
under this Chapter when asked by the owner or occupant to leave the
premises or residence.
