CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS 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;

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

(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 travelling 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, 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, travelling 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 travelling 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 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.

(g)   Mobile Food Vendor shall mean any business which sells pre-packaged food, prepared food, or on-site prepared food or edible goods from (1) a mobile food truck or other vehicle equipped with a self-contained motorized unit; (2) a concession cart or other mobile vending unit that must be moved by non-motorized means; or (3) a concession trailer or other mobile vending unit which is pulled by a motorized unit and has no power to move on its own. Catering or delivery vehicles used merely for delivery of food or edible goods to a residence or place of business pursuant to pre-order shall not constitute a Mobile Food Vendor.

(Ord. 1050; Code 2016)

(a)   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 un-revoked 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 section for any person, firm, or corporation exempt from the payment of a license fee under section 5-107(c).

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 photograph of the applicant, taken within 90 days prior to the date of making application which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; or in lieu thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application;

(j)    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.

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

(l)    The applicant’s Kansas Food Establishment license.

(Ord. 1050; Code 2016)

(a)   Except as provided in section 5-109, if the applicant is a current resident of Miami County, Kansas, upon receipt of all applications for a license and payment of the license fee, the city clerk shall issue the 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 peddler, solicitor, or canvasser shall carry the license certificate at all times.

(b)   If the applicant is not a current resident of Miami County, Kansas, a license will not be issued until after investigation and payment of the investigation fee as provided in sections 5-105:106.

(a)   Upon receipt of the above application from an applicant who is not a current resident of Miami County, Kansas, the city clerk shall refer the same to the chief of police who shall cause an investigation of the fact stated therein to be made within not to exceed five 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, upon payment of the license and investigation fees prescribed, issue a license to the applicant to engage in the business described in the application. 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 license certificate at all times.

At the time of filing the application, a fee of $25 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application.

(a)   Except as provided in subsection (c), the fee for the license required pursuant to section 5-102 shall be in the amount of $10 per each day, or portion thereof, that the licensee shall solicit within the city limits. In no event, however, shall fees in excess of $100 be collected from a licensee during the six-month period of time beginning on the date of the first license issued for daily sales. Alternatively, vendors may pay an annual license fee in the amount of $250, which shall be valid through December 31 of the same year, regardless of the date a license is issued.

(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 8 a.m. and 8 p.m.

(c)   No license fee shall be required of:

(1)   any person selling products of the farm or orchard actually produced by the seller; and

(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 or all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or the state.

(Ord. 1050; Code 2016)

All licenses issued shall be subject to renewal upon a showing of compliance with sections 5-101:103 of this article within a six-month period prior to the renewal date. The city clerk need not require an additional application under section 5-103 or an additional investigation and investigation fee under sections 5-105:106 unless complaints have been received of violations of the conditions under which any license has heretofore been issued. The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license.

(a)   The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this article, 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 a 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 to the health, safety, or general welfare of the city. Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension.

(5)   Conviction of the crime of theft, larceny, fraud, embezzlement, or any felony within two years prior to the application date.

(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 article, shall have the right of appeal to the governing body.

(b)   Such appeal shall be taken by filing with the city clerk within 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.

(a)   It shall be unlawful for any peddler, solicitor, or canvasser 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)   Peddlers, solicitors, or canvassers 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.

Except when authorized in writing by the city clerk, no peddler, solicitor, 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.

Except when authorized in writing by the city clerk, no peddler, canvasser, or solicitor, 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.