For the purpose of this article, the following terms, phrases, words and their derivations shall 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 or character, or description whatever, for any kind of consideration whatever; or
(2) Seeking to obtain prospective customers for application of purchase of insurance of any type, kind or character by traveling from door to door, other than in response to prearranged appointments requested by clients or prospective clients, exception: licensed insurance agents whose business office is within the City of Andover; 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 a resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, 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, 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 ordinance shall be deemed a peddler.
(e) Transient merchant, itinerant merchant or itinerant vendors 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 ordinance 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 vehicle or stand temporarily located on the public streets or sidewalks of this city.
(Ord. 1344)
No individual 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 therefore. 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) Photocopy of applicant’s state issued driver’s license or other form of legal identification.
(c) State sales tax number.
(d) Credentials from the person, firm or corporation or association whom the applicant is employed by or represents.
(e) Physical description of the applicant.
(f) Period of time for which the certificate and license is applied.
(g) Address of the applicant’s present place of residence.
(h) A brief description of the nature of the business and the goods to be sold.
(i) Location and zoning of any temporary facility, structure, building or vehicle.
(j) Whether or not the applicant has ever been convicted of a crime involving moral turpitude or any felony conviction.
(Ord. 1344)
(a) Upon receipt of the above application from an applicant, the City Clerk shall refer the same to the Chief of Police who shall cause an investigation of the facts stated therein to be made within not to exceed ten (10) days.
(b) If as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the Chief of Police shall endorse on such application his or her findings and endorse his or her disapproval of the application and the reasons for the same and shall return the application to the City Clerk who then shall notify the applicant that his or her application is disapproved and that no license will be issued.
(c) If however, the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the Chief of Police shall endorse his or her findings and approval on the application and return the same to the City Clerk who shall, upon payment of the license and investigation fees prescribed, issue a license to the applicant to engage in the business described in the applications. 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 licensee shall carry the license certificate at all times, and shall present such license for examination upon request.
(Ord. 1344)
(a) The fee for the license required pursuant to section 5-102 shall be in the amount of $10 (ten) dollars per each day, or portion thereof, or $100 (one hundred) dollars per year that the licensee shall solicit within the city limits.
(b) No license fee shall be required of: producers and growers, or their agents or employees engaged in the sale of farm or garden products, or fruits grown within this state; 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 or all of the expenses of said fairs or celebrations are paid for by the city, any other governmental subdivision, or the state.
(K.S.A. 12-1617; Ord. 1344)
(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, or any other article of the Code of the City of Andover.
(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.
(Ord. 1344)
No peddler or merchant licensed herein shall have any exclusive right to any location 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 otherwise inconvenienced.
(Ord. 1344)
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.
(Ord. 1344)
Any person who shall fail or refuse to comply with the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00) and/or incarcerated in the Butler County Jail for not more than thirty (30) days.
(Ord. 1344)