CHAPTER V. LICENSES AND BUSINESS REGULATIONS
Article 1. Peddlers, Transient Merchants
Article 2. Reserved
Article 3. New Goods Auction
Article 4. Junkyards
ARTICLE 1. PEDDLERS, TRANSIENT MERCHANTS
5-101. DEFINITIONS. For the purpose of this chapter, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
(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 is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, 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. (Code 1983)
5-102. CERTIFICATE OF REGISTRATION. No person shall engage in the activities as defined in section 5-101 of this article within the corporate limits of the city without first obtaining 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.
(k) Submit a copy of a paid personal property tax receipt from the Stevens County Treasurer or another county treasurer in the State of Kansas for all goods or merchandise brought into Stevens County from outside the State of Kansas to be sold or disposed of in a place of business temporarily occupied for their sale. (Code 1983)
5-103. ISSUANCE OF LICENSE. Upon receiving the application for certificate of registration and license and the payment by the applicant of the license fees required by this article, the city clerk shall provide the applicant with a receipt for the same, which receipt shall serve as the certificate of registration and license for purposes of this chapter.
5-104. FEES FOR LICENSE: TRANSFERABILITY: EXHIBITION. The fees for the license required by this article shall be $10 per day. No license issued under the provisions of this article shall be used by any person, other than the one to whom it was issued. Any person engaged in activities as described in section 7-101 of this article, shall exhibit their licenses at the request of any citizen. (Code 1983)
5-105. SAME; CERTAIN PRODUCERS AND GROWERS EXEMPTED. No producer or grower, his agents or employees selling in the city farm or garden products or fruits grown by him in the State of Kansas shall be required to pay any license fee or occupation tax imposed by any ordinance of this city. He, his agents or employees, are hereby exempted from the payment of any such fees or taxes, or the securing of a license. The city clerk may require an affidavit or other satisfactory evidence of the foregoing conditions. (Code 1983)
5-106. SAME; VETERANS: FREE LICENSE. (a) All veterans or former members of the armed forces of the United State as described by K.S.A. 73-207 who hold an honorable discharge from such service, and who shall have resided in the city six months previous to the time of which said license is issued, shall be entitled to a license to operate a delivery and baggage wagon, and to vend, hawk and peddle goods, wares, fruits, or merchandise not prohibited by law in this city: Provided, That the veteran or former member of the armed forces of the United States is engaged in operating personally a delivery and baggage wagon owned exclusively by himself or herself.
(b) Upon the presentation of his or her certificate and papers of discharge to the city clerk and showing proof of his or her identity as the person named in his or her certificate of honorable discharge, and having resided within the city six months previous to the time the license is applied for, the city clerk shall issue a license to said veteran or former member of the armed forces of the United States. Such licenses shall be free. (K.S.A. 73-207; Code 1983)
5-107. REVOCATION OF LICENSE. (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 of this article, 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. (Code 1983)
5-108. DISTURBING THE PEACE. 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 1983)
5-109. USE OF STREET. 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 1983)
5-110. ENFORCEMENT OF THIS ARTICLE. 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 1983)
ARTICLE 2. RESERVED
ARTICLE 3. NEW GOODS AUCTION
5-301. DEFINITIONS. As used in this article, unless the context otherwise requires, the following terms shall be defined as follows:
(a) Auctioneer - A person who conducts a public auction as herein defined;
(b) Public Auction - The offering for sale or selling of new goods, wares or merchandise to the highest bidder or offering for sale or selling new goods, wares or merchandise at a high price and then offering the same at successive lower prices until a bidder is secured; and
(c) New Goods, Wares and Merchandise - Those not previously sold at retail. (Code 1971)
5-302. LICENSE REQUIRED. It shall be unlawful for any person to sell, dispose of, or offer for sale at public auction within the city any new goods, wares or merchandise, unless such person or the owner of such new goods, wares or merchandise to be offered for sale or sold if such are not owned by the vendors, shall have first secured a license from the city as herein provided and shall have complied with the other requirements of this article and the laws of Kansas. (Code 1971)
5-303. APPLICATION FOR LICENSE. (a) Any person desiring to offer any new goods, wares or merchandise for sale at public auction within the city shall first file an application and shall have secured a license from the city clerk as provided by K.S.A. 58-1017 for the sale of new goods at public auction as defined.
(b) The license shall be issued by the city clerk upon payment of a license fee of $50 per day for each day that the applicant proposes to conduct a public auction within the city. All money so received by the city shall be credited to the general fund. (K.S.A. 58-1017:1019; Code 1971)
5-304. CONDITIONS OF LICENSE. The license issued by the city clerk shall authorize the licensee to conduct a public auction within the city as authorized by law. Such license shall not be transferrable and shall be valid only in the city. No license shall be good for more than one person, unless such persons shall be copartners nor for more than one place in said city. The city clerk shall keep a record of such licenses as required by law and such records shall be at all times open to public inspection. Any license issued by virtue of this article shall state the name of the person licensed, the precise place at which such auction sale is to be held and the number of days for which the license is issued. (K.S.A. 58-1020; Code 1971)
Ref.: See License Regulations Article 1, this Chapter.
5-305. BOND REQUIRED. At the time of filing an application for a license, the applicant shall file and deposit with the city clerk a bond issued by a corporate surety authorized to do business in Kansas in the penal sum of three times the cost to the vendor of the merchandise proposed to be offered for sale at public auction as provided in K.S.A. 58-1018. (Code 1983)
5-306. EXEMPT SALES. The provisions of this article shall not extend to the sale at public auction of livestock, farm machinery or farm produce or other items commonly sold at farm sales or to auction sales by individuals or new merchandise which was assessed personal property tax or is replacement stock of merchandise inventory which was assessed personal property tax in Stevens County, and to auction sales under the direction of any court or court officers as may be required by law, nor shall it apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sale of goods, wares or merchandise by sample for future delivery, or to sales made by sheriffs, constables, or other public officers selling goods, wares or merchandise according to law, nor to bona fide assignees or receivers appointed in the State of Kansas selling goods, wares and merchandise for the benefit of creditors. (Code 1971)
5-307. INVENTORY TO BE FILED. Within 10 days after the last day of the public sale for which a license has been issued, the applicant shall file in duplicate with the city clerk an inventory of goods, wares and merchandise sold at auction and the price received therefor. The city clerk immediately after receiving such report and inventory shall forward a copy thereof to the state director of revenue. (K.S.A. 58-102; Code 1983)
5-308. PENALTY. Every person either as principal or agent, who shall in any manner engage in or conduct a public auction as defined herein, without having first obtained a license as heretofore provided or who shall knowingly advertise, represent, or hold forth any sale of goods, wares or merchandise to be conducted in the city contrary to the provisions of this article shall, upon conviction thereof, be fined a sum not less than $200 nor more than $1,000 or be imprisoned not less than 30 days nor more than 180 days or be both so fined and imprisoned. Each day such violation continues shall be a separate offense. (K.S.A. 58-1022; Code 1971)
ARTICLE 4. JUNKYARDS
5-401. DEFINITIONS. As used in this article the words and phrases herein defined shall have the following meanings, unless the context otherwise requires:
(a) Junk dealer - Any person, persons, partnership, firm, association or corporation, or any agent, officer, member or employee thereof, engaged in the business of keeping a yard or place of business where there is bought and sold or kept for sale, old, used, or secondhand materials, ropes, rags, bones, paper, rubber, worn out or discarded materials, glass, bottles, vehicles, vehicle parts, airplane components and accessories, machinery and machinery parts.
(b) Junkyard - Any place, lot or tract of ground in the city where any of the articles named in part "a" of this section are kept and includes any place, lot or tract on which there is kept any number of one or more discarded automobiles, machinery or vehicles of any kind, or any parts thereof. (Code 1971)
5-402. LICENSE. It shall be unlawful for any junk dealer to maintain, operate or conduct a junkyard within the corporate limits of the city without first procuring a license therefor as hereinafter provided. (Code 1971)
5-403. APPLICATION FOR LICENSE. (a) Any junk dealer desiring a license to maintain, operate or conduct a junkyard within the city shall make application therefor to the governing body of the city in writing, which application shall contain the following information:
(1) The name of the applicant and his or her street address; if for a partnership or association, the name of each partner or associate and the home address of each; and if for a corporation, the name thereof, the names of the officers thereof and their addresses, the state in which said corporation is incorporated, the place of its principal place of business and if a foreign corporation, the date of its qualification to do business in the State of Kansas.
(2) The particular location for which each license is desired. The location must be zoned to allow for the operation of a junkyard.
(3) The name of the owner or owners of the premises on which the junkyard is to be located.
(4) A plat of the premises to be occupied and notations as to location of buildings and to the fence, give kind, size, and height as hereinafter provided.
(5) Evidence that the applicant is in compliance with K.S.A. 68-2205.
(b) An application will be required for each location for a junkyard desired. Each application must be accompanied by the license fee hereinafter prescribed. A license shall be granted when the governing body shall be satisfied that the business of the proposed junkyard will be carried on in a manner not to become a nuisance under the laws of Kansas, or the same shall not be hazardous to the health and general welfare of the inhabitants of the city and that the applicant junk dealer is capable of carrying out in full the rules and regulations as provided herein for the maintenance, operation or conducting of a junkyard. No license shall be granted to any applicant or junk dealer who is in violation of section 5-406 of this article or any law of the city relating to the prevention of nuisances, safety of the inhabitants of the city or the use of the streets and sidewalks thereof. (Code 1971)
5-404. LICENSE FEES: RENEWAL. The license required by section 5-402 of this article shall be issued upon payment of a fee of $150 to the city. The receipt issued by the city upon payment of the fee shall serve as the license for purposes of this article. The license shall be renewed annually. The full amount of the license fee shall be required to be paid regardless of the time of the year in which the application is made. The licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (Code 1971)
5-405. FENCES REQUIRED. Each junkyard shall be enclosed by a chain link wire fence or a fence of comparable quality and design, a minimum of six feet in height. All entrances onto the premises shall be equipped with gates. Stone, bricks, haydite blocks, Portland Cement, concrete, corrugated iron and iron pipe may be used as a substitute building material. The type and design of any fence shall first be approved by the city inspector. (Code 1971)
5-406. UNLAWFUL ACTS. It shall be unlawful for any junk dealer maintaining, operating or conducting a junkyard to permit:
(a) The storing and/or piling of any of the articles mentioned in section 5-401a off and adjacent to the premises of the junkyard and/or outside the fence surrounding the junkyard.
(b) The burning of rubber, oil and grease of worn out or discarded vehicles, vehicle parts, airplane components and accessories, machinery and machinery parts, and the burning of vehicle upholstery whether attached to or detached from said vehicle on the premises at any time. Any other types of burning shall be done only in an approved type incinerator as provided in section 7-208. (Code 1971)
5-407. PREMISES TO BE KEPT CLEAN. It shall be the duty of owners or operators of premises used as junkyards to keep and maintain the same in as clean, sanitary and neat condition as such businesses shall reasonably allow. Effective means for the elimination of rodents and vermin commonly infesting junkyards shall be administered by all licensees. (Code 1971)
5-408. REVOCATION OF LICENSES. Any license issued under the provisions of this article may be revoked by the governing body at any time for cause. Prior to the revocation of such license, a hearing will be afforded to the licensee by the governing body, notice of at least 10 days in advance being given before said hearing. (Code 1971)