TITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONSTITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONS\Chapter 5.12 SOLICITORS, CANVASSERS AND PEDDLERS

A.    The terms “solicitor,” “canvasser” and “peddler,” as used in this chapter, mean any individual whose business is entirely or partially carried on by traveling either by foot, wagon, automobile, motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, selling or offering for sale, or taking or attempting to take orders for the sale of any goods, wares, merchandise or personal property of any kind whatsoever for present or future delivery, or for services then furnished or performed or 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 is collecting advance payments or not; and shall also include any person who, without traveling from place to place, shall thus sell or offer any such goods or services for sale for either present or future performance or delivery, from any railroad car, automobile, truck or other conveyance, or from any hotel, motel or lodging house, room, tent, booth, building or structure in the city occupied or used for the purpose of exhibiting samples and taking orders for future delivery of goods or services.

B.    Provided, however, that this definition shall not include commercial travelers commonly called “drummers” selling only to retailers, or to any person or persons representing any recognized charitable, educational or eleemosynary institution or Community Chest or United Fund Drive.

C.    And provided further, that this chapter shall not apply to concessionaires, exhibitors or those occupying space on the Fair Grounds under arrangement with the Fair Board or Chamber of Commerce, in connection with the annual showing of the North Central Kansas Free Fair, or other entertainment held in the Fair Grounds of Republic County.

(Ord. 382 § 1, 1956)

It is unlawful for any person to engage in the business of a solicitor, canvasser or peddler, as defined in Section 5.12.010 of this chapter, within the corporate limits of the city, without then having an unrevoked and unexpired license therefor in his or her possession and issued as hereinafter provided.

(Ord. 382 § 2, 1956)

This chapter shall not apply so as to require license or application, as the case may be, of any person, or with respect to any product or service in contravention of any effective act of the Kansas State Legislature then in force.

(Ord. 382 § 12, 1956)

Applicants for a license under the provisions of this chapter shall file with the city clerk a sworn application in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information:

A.    The name and description of the applicant;

B.    The permanent home address and local address of the applicant;

C.    A brief description of the nature of the business to be carried on or the goods or services to be sold, and the length of time such applicant has been engaged in such business;

D.    If employed or acting as representative of any principal, the name and address of the employer or principal, together with credentials establishing such relationship;

E.    If a vehicle is to be used, the license number and other identifying description thereof;

F.    A photograph of the applicant taken within ninety days prior to the date of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner,

G.    The fingerprints of the applicant and the names of at least two reliable property owners of Republic County, Kansas, having knowledge thereof who will certify as to the applicant’s good character and business responsibility; or, in lieu of such references, such other evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

H.    A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, giving the nature of the offense, the city and state where the conviction occurred, the date thereof, and the punishment or penalty assessed therefor.

(Ord. 382 § 3, 1956)

At the time of the filing of the application, a fee of One Hundred Dollars ($100.00) shall be paid to the City Clerk to cover the cost of investigation of the facts stated in the application. The application fee shall be the amount that is established, from time to time, by the governing body of the city.

(Ord. 382; Ord. 888)

Upon receipt of any such application, the original thereof shall be referred to the chief of police, who shall cause such investigation to be made of the facts stated in the application and of the applicant’s business and moral character as he shall deem necessary for the protection of the public good, and shall report his findings to the city clerk within ten days after receipt of the application.

(Ord. 382 § 5, 1956)

If, as a result of the investigation provided for in Section 5.12.060, the applicant’s character or business responsibility are found to be unsatisfactory or the facts stated in the application are found to be untrue, the chief of police shall endorse on such application his disapproval and the reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.

(Ord. 382 § 6, 1956)

A.    If, as a result of the investigation provided for in Section 5.12.060, the character and business responsibility of the applicant are found to be good and the facts stated in the application are found to be true, the chief of police shall endorse his approval upon the application and return the same to the city clerk, who shall, without payment of any license fee, issue to the applicant a license to engage in the business described in the application and none other.

B.    Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the kind of goods or services to be sold thereunder, the date of issuance and expiration date, together with the license number or other identifying description of any vehicle proposed to be used by the licensee.

(Ord. 382 § 7, 1956)

Any person aggrieved by the action of the chief of police or city clerk in the denial of an application for a license shall have the right to appeal to the governing body within ten days after the denial of the application by filing with the city clerk a written notice of intention to appeal, setting forth fully the grounds for such appeal. The governing body shall, at the next meeting after the filing of such appeal, fix a time and place for a hearing thereon, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.12.110 of this chapter for notice of hearing on revocation. The decision of the governing body on such appeal shall be final and conclusive.

(Ord. 382 § 9, 1956)

All licenses issued under the provisions of this chapter shall expire on December 31st following their issuance, and shall not be transferable.

(Ord. 382 § 10, 1956)

A.    Licenses issued under the provisions of this chapter may be revoked by the governing body of the city, after notice and hearing, 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 provided for in the license;

3.    Any violation of the provisions of this chapter;

4.    Conviction of any crime or misdemeanor involving moral turpitude;

5.    Conducting the business of the licensee in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B.    Notice for hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his known address, as shown upon his license or application for license, at least five days prior to the date set for hearing.

(Ord. 382 § 8, 1956)

Any person who engages in the business or calling of peddler, canvasser or solicitor, as defined in Section 5.12.010 hereof, in the city, contrary to the provisions of this chapter, or refuses to surrender his license after the same shall have been revoked, or who otherwise violates any of the provisions of this chapter shall, upon the conviction thereof, be fined not more than one hundred dollars, or be imprisoned in the county jail for not to exceed thirty days, or be both fined and imprisoned, and with such imprisonment until such fine, if any, and costs, if any, are paid.

(Ord. 382 § 11, 1956; Code 2016)