CHAPTER VIII. LICENSES AND BUSINESS REGULATIONSCHAPTER VIII. LICENSES AND BUSINESS REGULATIONS\ARTICLE 1. PEDDLERS, TRANSIENT MERCHANTS

ARTICLE 1. PEDDLERS, TRANSIENT MERCHANTS

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 1982, Ord. 2638)

All persons except bona fide residents of Harper County, Kansas, who shall engage in the activities as defined in section 8-101 within the corporate limits of the city must first obtain a certificate of registration and license therefor. Any applicant for a certificate of registration and license under this article shall file with the city clerk a sworn application on a form furnished by the city clerk, which shall give the following information:

(a)   Name and date of birth of applicant.

(b)   State sales tax number.

(c)   Credentials from the person, firm or corporation or association whom the applicant is employed by or represents.

(d)   Physical description of the applicant.

(e)   Period of time for which the certificate and license is applied.

(f)    Address of the applicant’s present place of residence.

(g)   A brief description of the nature of the business and the goods to be sold.

(h)   Location and zoning of any temporary facility, structure, building or vehicle.

(i)    Fingerprints of the applicant.

(j)    Whether or not the applicant has ever been convicted of a crime involving moral turpitude or any felony conviction.

(Code 1982; Ord. 2638)

Upon receipt of an application for certificate of registration and license, 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.

(Code 1982)

(a)   The fee for the license required pursuant to section 8-102 shall be in the amount of $10.00 per each day, or portion thereof, that the licensee shall solicit within the city limits. 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 8:00 a.m. and 9:00 p.m., or upon invitation at any hour.

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

(Code 1982; Ord. 2638)

(a)   The chief of police or his or her assistant may 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 businesses as defined in section 8-101, 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 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 or their assistant in the denial of an application or revocation 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 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 1982; Code 2638)

No peddler, canvasser or solicitor, nor any person in his or her behalf, shall shout, make an outcry, blow a horn, ring a bell or 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 1982)

No peddler shall have any exclusive right to any location in the public streets, nor shall he or she be permitted a stationary location, nor shall he or she be permitted to operate in any congested area where his or her operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(Code 1982)

It shall be the duty of any police officer to require any person engaged in the activities as defined in this article, who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this article against any person found to be violating the same.

(Code 1982)