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, whether resident of the city or not, 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, whether a resident of the city or not, 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, 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 ordinance 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 within any City right-of-way (ROW).

(Code 2016; Ord. 1091)

(a)   It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, 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.

(b)   The Governing Body may waive the license requirements of this ordinance for any person, firm or corporation exempt from the payment of a license fee under section 5-204(d).

(Code 2016; Ord. 1091)

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 driver’s 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 photo ID of the applicant is required at the time of application submittal, or in lieu thereof, the fingerprints of the applicant may be taken by the Chief of Police and filed with the application;

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

(k)   A statement indicating whether or not the applicant has had a solicitors license, or any similar permit or license related to one or more of the activities licensed by this Article, revoked in this or any other jurisdiction within the preceding two (2) years.

(l)    A statement indicating whether or not the applicant has been convicted of a crime involving moral turpitude or any felony convictions, misdemeanor or ordinance violations involving force, threat of force, violence, theft, dishonesty, fraud, sexual misconduct or the violation of any laws regulating the act of soliciting or peddling with the past five (5) years in this state or any other state or subdivision thereof or of the United States.

(Code 2016; Ord. 1091)

(a)   Except as provided in subsection (c), the fee for the license required pursuant to section 5-202 shall be an amount established by the Governing Body from time to time.

(b)   Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 9:00 a.m. and 7:00 p.m.

(d)   No license fee shall be required of: (1) any person selling products of the farm or orchard actually produced by the seller, unless classified as seasonal sales in the City Zoning Regulations; (2) 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; and (3) any not-for-profit or charitable organization as determined by the Governing Body, including Federal, State, County, or City census takers or political candidates and their agents.

(K.S.A. 12-1617; Code 2016; Ord. 1091)

(a)   A license issued under this Article is valid for only the dates stated on the application and set out on the license issued.

(b)   A license issued under this Article shall be valid for a period not to exceed one (1) year and shall expire on December 31 of the year in which it is issued.

(Ord. 1091)

(a)   No license issued in accordance with the provisions of this Article shall be used by any person other than the person to whom it was issued.

(Ord. 1091)

(a)   Any license issued under this Article shall be carried by and on the individual to whom it was issued at all times that they are engaged in any of the activities licensed by this Article.

(b)   Any license issued under this Article shall be prominently displayed such that it is visible at all times that they are engaged in any of the activities licensed by this Article.

(Ord. 1091)

(a)   The City Clerk shall review each application and shall forward a copy of each application to the Chief of Police to conduct a background check of the applicant. Within five (5) business days of the application, the City Clerk shall approve the application and shall issue to the applicant a license as described in this Article, unless:

(1)   The application is incomplete;

(2)   The application is determined to be fraudulent, to include a misrepresentation, or to contain a false statement;

(3)   The applicant has had a license issued under this Article revoked by the City for any reason within the preceding two (2) years;

(4)   The applicant has engaged in any conduct during the preceding ninety (90) days that would have been grounds for license revocation under this Article had the applicant then been in possession of a license issued under this Article;

(5)   The applicant has been convicted of a crime involving moral turpitude or any felony convictions, misdemeanor or ordinance violations involving force, threat of force, violence, theft, dishonesty, fraud, sexual misconduct or the violation of any laws regulating the act of soliciting or peddling with the past five (5) years in this state or any other state or subdivision thereof or of the United States; or

(6)   The applicant has an outstanding arrest warrant in this or any other jurisdiction or is a fugitive from this or from any other jurisdiction.

(b)   If review of the application or the background check of the applicant discloses that any of the criteria of this Article are not met, then the City Clerk shall deny the application, by giving notice of denial to the applicant. Notice of denial shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the applicant of the reason for denial, and shall inform the applicant that he or she has fourteen (14) days from the date of the notice of denial in which to appeal the denial of his or her application to the Governing Body. The City Clerk shall maintain a copy of the notice of denial in his or her files and shall transmit a copy of the notice of denial to the Chief of Police.

(c)   Any applicant, whose application is denied for any reason, except for the filing of an incomplete application under Section 5-203, is hereby prohibited from filing with the City Clerk an application for a license under this Article for ninety (90) days, commencing the date after notice of denial is given. An applicant, whose application is denied because it is incomplete, may file a subsequent application at any time during normal business hours.

(Code 2016; Ord. 1091)

(a)   The City Clerk or Chief of Police may revoke any permit 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.

(b)   Conducting the business as defined herein 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 by the City Clerk and shall set forth the grounds of revocation.

(c)   Unauthorized use of the public right-of-way for sale or display of merchandise, or for display of an advertising sign.

(d)   Violation of a site plan requirement for an existing land use or violation of any applicable provisions of the zoning ordinance. 

(Ord.1091)

(a)   Any person aggrieved by the action of the Chief of Police or City Clerk in the denial of an application or revocation or suspension of a license as provided in this ordinance, shall have the right of appeal to the Governing Body.

(b)   Such appeal shall be taken by filing with the City Clerk within fourteen (14) days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant’s last known address and setting forth the grounds for appeal.

(c)   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 denial, revocation or suspension.

(d)   The decision and order of the Governing Body on such appeal shall be final and conclusive.

(Code 2016; Ord. 1091)

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

(b)   No peddler, solicitor, or transient merchant shall engage or attempt to engage in any activity licensed by this Article at any residence or business within the corporate limits of the City that prominently displays a “No Solicitors” or “No Trespassers” sign, or any other similar sign that communicates the occupants’ desire not to be contacted by peddlers, solicitors, or peddlers.

(c)   Engage in soliciting upon any premises after having been asked by the owner or occupant thereof to leave the premises, business, or residence.

(d)   Fail to provide, at the request of the purchaser, a written receipt for purchases exceeding five dollars ($5.00) in cash or tangible property.  The receipt shall state the solicitor's name, company, and principal place of business, set forth a brief description of the goods or services sold, the total purchase price, the amount of payment, if any, and the balance due and terms of payment.

(Code 2016; Ord. 1091)

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 2016; Ord. 1091)

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 2016; Ord. 1091)