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, 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 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, 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.
(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 wagon or stand temporarily located on the public streets or sidewalks of this city.
No person shall engage in the activities as defined in Section 5-101 within the corporate limits of the city without first obtaining a certificate of registration and license therefor. Any applicant for a 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, date of birth, physical description of applicant, and applicant’s Kansas Sales Tax number.
(b) Address of applicant and address of location where applicant intends to offer goods, wares, merchandise or personal property for sale.
(c) A brief description of the name of the business to be conducted and the goods to be sold.
(d) If applicant is employed, name and address of the employer, together with credentials establishing applicant’s relationship to such employer.
(e) Length of time for which the right to do business is desired.
(f) If a vehicle is to be used, a description of the same, together with the estate vehicle license number carried on such vehicle.
(g) 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, or violation of any municipal ordinance regulation peddlers or transient merchants, and if so, the nature of the offense and the punishment or penalty assessed therefor.
(h) 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 application intends to offer goods, services, merchandise or personal property for sale.
(i) Submit a copy of a paid personal property tax receipt from the Butler County Treasurer or another county treasurer in the State of Kansas for all goods or merchandise brought into Butler County from outside the State of Kansas to be sold or disposed of in a place of business temporarily occupied for their sale.
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.
(a) The fee for the license required pursuant to Section 5-102 shall be in the amount of $50.00 per each day, or portion thereof, that the licensee shall solicit within the city limits. The fee for a yearly license shall be $500 for a calendar year and shall not be pro-rated.
(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 between the hours of 8:00 a.m. and 9:00 p.m. No solicitation or sales shall be conducted by any person during any other hours on said date.
(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 upon the payment of $500.00 for any calendar year which shall not be pro-rated, and may make solicitations or sales between the hours of 8 a.m. and 6 p.m., or upon invitation at any hour.
(d) 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.
(Ord. 622, Secs. 1:2; Code 2007)
(a) The chief of police 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 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 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 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.
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.