The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Person means any individual, corporation, partnership, association or other entity.

Temporary or transient business means any business conducted for the sale or offer for sale of goods, wares, merchandise or services which is carried on in any building, structure, motor vehicle or railroad car, or on any real estate, for a period of less than six months in each year.

Transient merchant means any person who engages in, does or transacts any temporary or transient business in the state, either in one locality or in traveling from place to place in the state, and includes merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate.

(Code 1988, § 8-1102; Ord. 3206, § 1(8-1102), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-31)

This article shall allow for temporary businesses, door-to-door sales and for the operation of such businesses and sales through a permit system in the city.

(Code 1988, § 8-1102; Ord. 3206, § 1(8-1101), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-32)

It shall be unlawful for any peddler or solicitor, or any person acting in behalf of either, to:

(a)   Use a stationary location in or upon any public street, or operating in any congested area where the operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, executed in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(b)   Operate on private property without having first secured a special use permit from the city.

(c)   Sell or offer for sale goods, wares or merchandise from any vehicles on any of the public streets of the city; provided, however, that the prohibition contained in this subsection shall not include the peddling from door-to-door or from vehicles of fresh food products of farm or garden, nor bona fide deliveries of goods, wares, merchandise or foods made on a regular route to regular customers, or ice cream vending.

(d)   Solicit or peddle from 9:00 p.m. to 9:00 a.m., or at any time when a sign has been posted on a residence or building stating “No solicitors or peddlers,” or words to that effect, except that a licensed solicitor or peddler may call upon the occupant of a residence at other times when he has received express permission from such occupant to do so.

(Code 1988, § 8-1109(a)—(d); Ord. 3206, § 1(8-1109(a)—(d)), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-33)

Any person who shall fail or refuse to comply with the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-109, and such person’s permit shall be revoked.

(Code 1988, § 8-1110; Ord. 3206, § 1(8-1111), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-34)

(a)   No person shall operate a temporary business within the city without a permit from the city clerk.

(b)   No permit or permit fee shall be required of:

(1)   Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;

(2)   Sales or displays at trade shows, expositions or conventions;

(3)   Sales of goods, wares or merchandise by sample catalogue or brochure for future delivery;

(4)   Sales or displays at fairs, conventions or shows operated primarily for purposes of amusement, entertainment, recreation or education;

(5)   Sales or displays at sales, fairs, auctions or bazaars operated by church, religious or charitable organizations;

(6)   Garage sales held on premises devoted to residential use;

(7)   Sales or displays at sales or shows of crafts or items made by hand and sold, offered for sale or displayed by the individual making such crafts, or handmade items;

(8)   Sales of agricultural products, except nursery products and foliage plants, sold or offered for sale by the individual raising or producing such products;

(9)   Sales to the owner or legal occupant of residential premises, at such premises pursuant to an invitation issued by such owner or legal occupant;

(10) Sales or displays at sales, bazaars or concessions sponsored or operated by public or private schools or educational institutions;

(11) Sales of paraphernalia used in the celebration of any nationally recognized holiday, except fireworks;

(12) Sales or displays at flea markets or at sales, exchanges or shows of antique or other personal property having an enhanced value by reason of its age or unique characteristics;

(13) Sales or displays at fairs or expositions sponsored by the state, a county or another governmental entity or a convention or tourism committee created pursuant to either K.S.A. 12- 1695 or 12-16,101, and amendments thereto;

(14) Sales or displays at sales, exchanges or shows of collectibles or hobby or investment items of personal property, including but not limited to pets, gems and minerals, stamps, coins, photographs and photographic equipment, guns and belt buckles;

(15) Sales or displays in connection with, and at the site of athletic tournaments, events, contests or expositions; or

(16) Events sponsored by a nonprofit organization, and the nonprofit organization is the primary financial beneficiary of the event.

(b)   The exemption provided by subsection (a) shall apply regardless of whether the transient merchant is sponsoring or operating the activity giving rise to the exemption or is participating in the activity as a seller or exhibitor.

(c)   A transient merchant not otherwise exempted from the provisions of this article shall not be relieved or exempted from the provisions of this article by reason of temporary association with any local dealer, auctioneer, trader, contractor or merchant or by conducting temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.

(Code 1988, § 8-1101; Ord. 3206, § 1(8-1102), (8-1110), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-56)

An application for a permit to operate a temporary business under this article shall be made at the city clerk’s office upon forms approved by the city. Such applications shall be sworn to and filed with the city clerk at least 72 hours prior to the time in which the permit applied for shall become effective. The application herein required shall contain the following information:

(a)   Name, date of birth, address or headquarters of the person applying for the permit;

(b)   If the applicant is not an individual, the name and addresses of the applicant’s principal officers and management;

(c)   The names, dates of birth, driver’s license and/or identification card numbers and addresses of all persons who will be in direct charge of conducting the temporary business;

(d)   The names, dates of birth and driver’s license and/or identification card numbers of all persons who will be working for the business at the location in the city;

(e)   The time within which the temporary business will be operated and the location of the business in the city;

(f)    At least one banking reference and at least one personal reference within the city;

(g)   Any application for permit must also be signed by the party on whose property the temporary business shall be located;

(h)   A state tax identification number; and

(i)    If in conjunction with a nonprofit entity, a copy of the contract reflecting the financial division between the participants.

(Code 1988, § 8-1103; Ord. 3206, § 1(8-1104), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-57)

The city clerk and/or the chief of police shall examine the application filed under this article for a permit and shall make, or cause to be made, such further investigation of the application and the applicant as the city clerk and/or chief of police shall deem necessary. The permit shall be issued once the city clerk and/or chief of police determine the following facts:

(a)   That all of the statements made in the application are true; and

(b)   That the applicant or employees have not engaged in any fraudulent transaction or enterprise.

(c)   That the applicant is not wanted for any crime in any jurisdiction.

(Code 1988, § 8-1105; Ord. 3206, § 1(8-1105), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-58)

Before a permit is issued, there shall be paid to the city clerk the sum as established in the city’s fee resolution for a permit which will allow a temporary business to operate as specified in the application within the city.

(Code 1988, § 8-1106; Ord. 3206, § 1(8-1106), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-59)

The permit shall remain in force and effect for the period specified therein, and shall be renewed upon the expiration of this period upon filing a new application as provided in this article.

(Code 1988, § 8-1107; Ord. 3206, § 1(8-1107), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-60)

Any permit issued under this article shall not be transferable.

(Code 1988, § 8-1108; Ord. 3206, § 1(8-1108), 6-10-97; Ord. 3213, § 1, 2-10-98; Code 2016, Sec. 18-61)

No person issued a permit under this article shall refuse to exhibit the permit at the request of any citizen.

(Code 1988, § 8-1109(f); Ord. 3206, § 1(8-1109(e)), 6-10-97; Code 2016, Sec. 18-62)