CHAPTER VII. LICENSES AND BUSINESS REGULATIONS
Article 1. Peddlers,
Article 2. Billiard and
Article 3. Reserved For
Article 4. New Goods Auction
Article 5. Reserved For
Article 6. Junkyards
ARTICLE 1. PEDDLERS, TRANSIENT MERCHANTS
7-101. 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;
(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)
7-102. CERTIFICATE OF REGISTRATION.
No person shall engage in the activities as defined in section 7-101 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
(b) State sales tax number.
(c) Credentials from the
person, firm or corporation or association whom the applicant is employed by or
(d) Physical description of
(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
(j) Whether or not the
applicant has ever been convicted of a crime involving moral turpitude or any
(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.
7-103. 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
7-104. 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.
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)
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
(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)
7-107. 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
(4) Conducting the businesses
as defined in section 7-101 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)
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.
7-109. 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
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.
ARTICLE 2. BILLIARD AND POOLHALLS
7-201. USE FOR OTHER BUSINESSES PROHIBITED.
It shall be unlawful to establish, operate or carry on any business other
than that of a billiard or poolhall, or any other game or games except checkers
and dominoes. Nothing herein shall
be construed to prohibit the sale of cereal malt beverages, tobacco products,
confections, soft drinks, and like merchandise commonly sold by cigar or
newsstands. (Code 1971, 7-205)
UNLAWFUL ACTS. It shall be
unlawful for any person to permit or allow any gambling or betting of money or
things of value on the result of any game of billiards or pool or game of chance
in any room in which billiard or pool tables are kept or in any room connected
therewith, or to set up and keep any gaming tables or gambling devices in any
such room or rooms. (Code 1971,
7-203. DISORDERLY CONDUCT. It
shall be unlawful for any operator of a billiard or poolhall or his or her
agent, manager or servant to permit or allow any intoxicated person, any person
using loud, boisterous, profane or indecent language to come into or to remain
within any pool or billiard hall, owned, operated, managed or conducted by him
or her, or to permit any person or persons to conduct himself or herself or
themselves in a tumultuous or disorderly manner in any such place of business.
(Code 1971, 7-207)
7-204. HOURS OF BUSINESS. It
shall be unlawful for any person to open, conduct or maintain any pool or
billiard table, or any other business in connection therewith after the hour of
12:00 midnight of any day and before the hour of 6:00 a.m. of the next day, nor
at any time during Sunday. (Code
7-205. MINORS. (a)
It shall be unlawful for any owner or operator of a billiard or poolhall
in the city, or his or her agent, manager or servant, to allow any minor person
under 18 years of age to play any game of pool or billiards, or to frequent any
billiard or poolhall within the city as spectators of any game, except in the
company of either of his or her parents or legal guardian, or with the written
consent of both of his or her parents or his or her guardian filed with the
owner or operator of any such place. Such
permit shall state the time not exceeding one year for which such permit shall
endure, the true and full name and age of the minor, the name of the pool or
billiard hall in which the minor may play or frequent and it shall be signed by
the parents or guardian as the case may be.
(b) No minor shall be
permitted to frequent or loiter about any premises licensed to sell cereal malt
beverages at retail. The record of
all such permits as provided in subsection (a) shall be open at all times during
business hours for the inspection of officers of the city.
(Code 1971, 7-209)
ARTICLE 3. RESERVED FOR FUTURE USE
ARTICLE 4. NEW GOODS AUCTION
7-401. 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
(c) New Goods, Wares and
Merchandise - Those not previously sold at retail.
(Code 1971, 7-401)
7-402. 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, 7-402)
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, 7-403)
7-404. 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, 7-404)
Ref.: See License Regulations
Article 1, this Chapter.
7-405. 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)
7-406. 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, 7-405)
7-407. 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)
7-408. 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 in 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, 7-406)
ARTICLE 5. RESERVED FOR FUTURE USE
ARTICLE 6. JUNKYARDS
7-601. 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 names 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, 7-601)
7-602. 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
7-603. 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.
(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 7-606 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
7-604. LICENSE FEES: RENEWAL.
The license required by section 7-602 of this article shall be issued
upon payment of a fee of $50 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, 7-604)
Ref.: License regulations,
7-605. 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 to 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
superintendent. (Code 1971, 7-605)
7-606. 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 7-601a 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 5-208. (Code 1971, 7-606)
7-607. 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
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, 7-608)
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