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 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 2025)
(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 unrevoked and
unexpired license therefor in his or her possession and issued by the city
clerk.
(b) The governing body may waive the license
requirements of this article for any person, firm or corporation exempt from
the payment of a license fee under section 5-207(d).
(Code 2025)
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 therefor 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 therefor, if
any, and the city and state where conviction occurred.
(k) The applicant’s Kansas Sales Tax number.
(Code 2025)
(a) Except as provided in section 5-209, if the
applicant is a current resident of Reno County, Kansas, upon receipt of an
application 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
licensee shall carry the license certificate at all times.
(b) If the applicant is not a current resident of
Reno County, Kansas, a license will not be issued until after investigation and
payment of the investigation fee as provided in sections 5-205:206.
(Code 2025)
(a) Upon receipt of the above application from an
applicant who is not a current resident of Reno County, Kansas, 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 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 licensee shall carry the license certificate at all
times.
(Code 2025)
At the time of filing
the application, a fee of
$______ shall be paid to the city clerk to cover the cost of investigation of
the facts stated in the foregoing application.
(Code 2025)
(a) Except as provided in subsection (c), the fee
for the license required pursuant to section 5-202 shall be in the amount of $_______ per each day, or
portion thereof, that the licensee shall operate within the city limits. In no
event, however, shall fees in excess of $________ be collected from a
licensee during any six-month period of 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 8:00 a.m. and 9:00 p.m.
(c) 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 a license as required by section 5-202 upon
the payment of $_______ for any year, and may make solicitations or sales only
between the hours of 8:00 a.m. and 9:00 p.m., or upon invitation at
any hour.
(d) No license fee shall be required of: (1) any
person selling products of the farm or orchard actually produced by the seller;
(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.
(K.S.A. 12-1617; Code 2025)
All licenses issued
shall be subject to renewal upon a showing of compliance with sections 5-202:203
within a six month period prior to the renewal date. The city clerk need not
require an additional application under section 5-203 or an additional
investigation and investigation fee under sections 5-205:206 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.
(Code 2025)
(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 5-201
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.
(Code 2025)
(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.
(Code 2025)
(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) 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.
(Code 2025)
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 2025)
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 2025)