ORDINANCE NO 861
AN ORDINANCE REGULATING AND DEFINING SOLICITORS AND PEDDLERS, TRANSIENT MERCHANTS, AND ITINERANT MERCHANTS OR VENDORS, PROVIDING FOR LICENSING AND PENALTIES FOR NON-COMPLIANCE WITH THIS ORDINANCE, AND REPEALING ORDINANCE NO 793, AND ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT WHEREWITH.
Section 1. Definitions. (a) Solicitor. A solicitor is any person, whether a resident of the city, or not, traveling by any type of conveyance, from place to place, or from house to house, taking or attempting to take orders for sale of goods, wares, and merchandise for future delivery, or for services, whether or not such individual has for sale a sample of the subject of such sale, or whether he or she is collecting advance payment of such sales or not without first having received an invitation or permission from the owners or occupants of the premises to go upon the same for such purposes.
(b) Peddler. A peddler is any person, whether a resident of the city or not, traveling by any type of conveyance, from place to place, or from house to house, conveying goods, wares, merchandise, meat, fish, vegetables, fruits, truck garden or farm products or provisions, offering and exposing them for sale, or who, without traveling from place to place, sells or offers the same for sale from any type of conveyance without first having received an invitation or permission from the owners or occupants of the premises to go upon the same for such purpose. The word “peddler” shall include the words “hawker” and “huckster”.
(c) Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, cosignee or employee, whether a resident of the city or not, who engages in a temporary business of selling goods, wares and merchandise within the city, and who, in furtherance of such purpose, occupies any structure, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. 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 merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local merchant or auctioneer. 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, Nor shall such definition include any person or persons invited on premises currently being used for retail sales, or part of a sponsored community promotion.
(d) Premises shall mean any building or property used for residential, commercial, educational or industrial activity.
(e) Charitable shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, education, civic, or fraternal, either actual or purported.
(f) Religious shall not mean and include the word charitable as herein defined, but shall be given its commonly accepted definition.
(g) Registered solicitor or peddler shall mean and include any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor or peddler on his or her person while engaged in soliciting or peddling.
(h) City Clerk shall mean the city clerk of the City of Meade, Kansas.
Section 2. Certificate of Registration. Every person desiring to engage in activities as defined in Section 1 (a), (b), (c) within this city, is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor or peddler.
Section 3. Same; Application. Application for certificate of registration shall be made upon a form provided by the city. The applicant shall truthfully state in full the information on the application, to-wit:
(a) Name and address of present place of residence and the length of residence at such address; also business address if other than present address;
(b) Address of place of residence during the past three years if other than present address;
(c) Age of applicant;
(d) Physical description of applicant;
(e) Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
(f) Name and address of employer during the past three years if other than present employer;
(g) Description sufficient for identification of the subject matter of the soliciting or peddling in which the applicant will engage;
(h) Specific period of time and hours of operation for which the certificate is applied;
(i) The date, or approximate date, of the latest previous application for certificate under this ordinance, if any;
(j) A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city, or by any department or officer thereof;
(k) A statement whether or not a certificate of registration issued to the applicant under this article has ever been revoked;
(l) A statement whether or not the applicant has ever been convicted of a felony under the laws of the State of Kansas, or any other state or federal law of the United States;
(m) Such other information as the city clerk may deem necessary for the proper police protection of the city;
(n) An applicant for a solicitor’s or peddler’s permit shall supply the city clerk with a photograph of the applicant taken within at least 60 days prior to the date of the filing of the application, which photographs shall be at least on inch by one inch, showing the head and shoulders of the applicant in a clear and distinguishing manner;
(o) An applicant may submit an application for a certificate of registration by mail upon a form furnished by the city, provided the applicant appears in person to receive the certificate of registration;
(p) An applicant shall file a copy of the company’s or individual Kansas sales tax certificate with the city clerk prior to issuance of the license; and
(q) An applicant shall file written permission from the property owner, if engaging in temporary business of private property, with the city clerk prior to issuance of the license.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
Section 4. Same; Issuance; Records. (a) The city clerk shall issue all certificates of registration, within five days following submission of the application, and shall not issue the certificate if it is not picked up within thirty days, provided, however, that no certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of any state or federal law within five years of the date of the application; nor to any person who has been convicted of a violation of any or the provisions of this section nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
(b) Such certificate shall contain the signature and seal of the issuing officer; shall show the name and address of the licensee; the class of the license issued; the amount of fees paid; the date of issuance and the length of time the same shall be operative.
(c) The city clerk shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this section and of the denial of applications. Applications of certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
(d) The city clerk has the right to refuse a license to any person or business that has been escorted out of town by a city police officer or any person or business that has had complaints filed against them within the past six (6) months.
(e) The city clerk will run a background check on each person requesting a permit. The background check can take up to five (5) days to process.
Section 5. Fees. Subject to Section 8. Exemptions, the fees to be charged and paid hereunder shall be as follows:
(a) The fee to be charged for the issuance of a certificate of registration to a solicitor, peddler, transient merchant, itinerant merchant or itinerant vendor shall be $50.00 per day per person.
Section 6. Expiration. The certificate 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 Section 3 of this ordinance and upon payment of fees as prescribed in Section 5.
Section 7. Regulations. (a) It shall be unlawful for any peddler or solicitor, or any person in his or her behalf to:
(1) Shout, make an outcry, blow a horn, ring a bell, or use any sound device or musical instrument, including any loud speaking radio or sound amplifying system, on any of the streets, alleys, parks or other public places of the city or on any private premises in the city where sound of sufficient volume is emitted or produces therefrom to be capable of being plainly heard on 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;
(2) Have any exclusive right to any location in the public streets, shall not be permitted a stationary location in the public street, nor on private property without written permission from the property owner and shall not be permitted to operate in any congested area where his or her operations might impede or inconvenience the public. For the purpose of this ordinance, 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;
(3) Sell or offer for sale goods, wares, or merchandise from vehicles on any of the public streets of the city, provided, however, that the prohibition therein contained 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;
(4) Solicit or peddle from 7:00 p.m. to 9:00 a.m., or at any time when a sign has been posted on a 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 or she has received express prior permission from such occupant to do so;
(5) Solicit within the city for a contribution of funds for a charitable, religious, education, community, recreational or similar non-profit purpose by means of calling upon places of residence or by means of direct personal contact in public places or upon public property without obtaining a permit or by means of direct personal contact in public places or upon public property without obtaining a permit as provided by this ordinance. Any peddling or soliciting as defined in this ordinance by means of representation that all or a portion of the proceeds thereof are to be used for a charitable, or similar nonprofit purpose, or are to be transmitted to any person, firm, or corporation for any such purpose, is unlawful unless a permit is first obtained as provided by this ordinance; and
(6) Refuse to exhibit their certificate of registration at the request of any citizen.
(b) It shall be a violation of this ordinance for any person holding a certificate to allow another person to use his or her certificate.
(c) It shall be a violation of this ordinance for any person holding a certificate to enter a residential dwelling without first being invited into the residence, or to remain in the residence after being asked to leave.
(d) A sales period, as used in this ordinance, is hereby defined as being that portion of a calendar year not exceeding thirty (30) days for which a certificate of registration is used.
Section 8. Exemptions. The terms and provisions of Section 5 shall not apply to the following;
(a) Eleemosynary and nonprofit organizations;
(b) Residents of Meade County, Kansas;
(c) Community sponsored events; and
(d) Any farmer, selling products actually raised by such farmer on land owned or leased by him or her, however, said farmer shall make application for such license, together with an affidavit setting forth his or her name, residence, location of land on which the products where raised, and stating such products were raised by him or her.
Section 9. Revocation of Certificate. Any certificate of registration issued hereunder shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provision of this ordinance, or has made a false material statement in the application, or otherwise become disqualified for the issuance of a certificate of registration under the terms of this ordinance. Immediately upon such revocation, written notice thereof shall be given by the city clerk to the older of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application. Such notice shall inform the holder of his or her right to a hearing before the governing body for purposes of challenging the grounds for revocation.
Section 10. Duty of Police of Enforce. It shall be the duty of any police officer of the city to require any person seen soliciting or peddling and who is not known by such officer to be duly licensed, to produce his or her certificate of registration and to enforce the provisions of this ordinance against any person found to be violating the same.
Section 11. Special Regulations For Ice Cream Vendors. It shall be unlawful for any ice cream vendor to:
(a) Stop anywhere within 25 feet of any intersection when making a sale or attempting to make a sale;
(b) Double park, or park in any manner contrary to any ordinance relating to parking when attempting a sale or when making a sale;
(c) Drive his or her vehicle backwards to make or attempt any sale;
(d) Sell to any person who is standing to the street; and
(e) Permit any person to hang on the vehicle or permit any person to ride in or on the vehicle except a bona fide assistant.
Section 12. Penalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be subject to a fine of not more than $500.00 for each offense, or shall be imprisoned for a period not to exceed 90 days, or shall be both so fined and imprisoned.
Section 13. Effective Date. This Ordinance shall take effect and be in force from and after its summary of publication in the official city newspaper.
Ordinance No. 861 Summary
On August 11th, 2014, the City of Meade, Kansas, passed Ordinance No. 861. The ordinance approving Solicitors and Peddlers Licensing. A complete copy of the ordinance is available at www.cityofmeade.org or in the office of the city clerk, 132 S Fowler, free of charge. This summary is certified by the city attorney to be legal, accurate and sufficient.
PASSED AND APPROVED THIS 11TH DAY OF AUGUST, 2014.
Richard Knott, Mayor
Tiffany Neel, City Clerk
I, Tiffany Neel, City Clerk of the City of Meade, KS, hereby verify and state that the foregoing is a true and correct original ordinance; that the record of final passage is found on page ___, volume “ “ of the journal; that it was published in the Meade County News, the official paper on ___________ ___, 20__.
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Meade, KS 67864-0338
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