Chapter 11 · Licenses, Permits and Miscellaneous Business Regulations

ARTICLE 2. LICENSES AND LICENSE FEES

Sections 11-201 to 11-224 · 24 sections

11-201 License required.

No person, either as principal, agent or employee, shall conduct or pursue in this city any occupation, business or profession enumerated in this article, without first procuring from the city clerk a license therefor.

(Code 1971, § 14-1)

11-202 Producers and growers of farm products and fruits exempt from article.

No grower, or agents or employees, engaged in the sale of farm, garden or aquaculture products, or fruits grown within the state, shall be required to pay any license or occupation tax imposed by this article. Such persons are hereby exempted from the payment of any such license tax, or the securing of any license.

(K.S.A. 12-1617; Code 1971, § 14-15)

11-203 When tax payable.

Every license tax imposed by this article shall be due and payable immediately upon the commencement of an occupation, business or profession for which the same is required. Except as may be otherwise indicated by a specific provision of this article or other ordinances, annual licenses shall be due and payable on December 31 of each year, and semiannual licenses shall be due and payable on December 31 and July 1 of each year.

(Code 1971, § 14-2)

11-204 Payment of tax prerequisite to issuance, renewal or extension.

No license shall be issued, renewed or extended until the prescribed tax has been paid.

(Code 1971, § 14-3)

11-205 Tax receipt.

The city clerk shall, upon payment of the amount of any license tax specified in this article, give a receipt therefor, stating the amount paid, the nature of the license desired, for what time (not to exceed one year) and to whom issued, and, if possible, the exact location where the business is to be carried on.

(K.S.A. 12-137 et seq.; Code 1971, § 14-4)

11-206 Duty of city clerk to enforce article.

It shall be the duty of the city clerk to make reasonable effort to secure the payment of all license taxes payable to the city, and to prosecute any person conducting any trade, occupation or business without a license where such license is required by this article or other ordinance.

(Code 1971, § 14-18)

11-207 Issuance; signing and sealing.

All licenses provided for in this article shall be issued by the city clerk upon payment of the required tax and the applicant otherwise complying with all applicable provisions of this Code and other ordinances of the city. All licenses shall be signed by the city clerk, and the clerk shall affix the seal of the city thereto.

(Code 1971, § 14-5)

11-208 Contents; effect.

Each license issued under this article shall be dated on the day of its issuance and shall state the name of the applicant, the occupation, business or profession he desires to engage in, the amount paid, and the time such license shall expire. The person having such license shall be authorized to carry on the occupation, business or profession therein named.

(Code 1971, § 14-6)

11-209 Transfer.

No license issued under the provisions of this article shall be transferable or assignable.

(Code 1971, § 14-8)

11-210 Expiration.

Licenses shall be in effect for the time prescribed therein, except that all licenses (other than alcoholic liquor licenses and club licenses) for a semiannual period shall expire at the end of June 30 or December 31 next following the date of issuance, and except that all licenses (other than alcoholic liquor licenses and club licenses) for an annual period shall expire at the end of December 31 next following the date of issuance. Each alcoholic liquor license and each club license issued by the city shall be deemed to commence on the same day as the issuance of the state license to the licensee by the state director of alcoholic beverage control and shall end one year thereafter.

(Code 1971, § 14-9)

11-211 Notice of expiration to chief of police.

Within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the license shall have been renewed.

(Code 1971, § 14-10)

11-212 To be displayed or carried on person.

All persons doing business in a permanent location are hereby required to have their licenses conspicuously displayed in their places of business, and all persons to whom licenses are issued not having permanent places of business are hereby required to carry their licenses with them, and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the city.

(Code 1971, § 14-7)

11-213 Recordkeeping.

The city clerk shall keep a record of the name of each and every person licensed, his address, the date of the license, the purpose for which it is granted, the amount paid therefor, and the time when the license shall expire.

(Code 1971, § 14-11)

11-214 Tax refunds.

No refund of any license tax shall be made for any unused period of a license, except as may be otherwise provided by a specific provision of this article or some other ordinance.

(Code 1971, § 14-12)

11-215 Disposition of taxes.

All taxes received by the city clerk under this article shall be paid by the clerk into the proper city funds.

(Code 1971, § 14-13)

11-216 License taxes.

License taxes are hereby levied in the amounts set forth in this article on the respective occupations, businesses and professions listed in this article and conducted or pursued within the limits of this city. For the purposes of this article, the catchlines of the sections set out in this article shall be deemed substantive parts of the sections. Where a tax is specifically imposed upon a certain occupation, business or profession, and which occupation, business or profession would be liable under some general provision if the specific provision were absent, then and in that case, the tax shall be that specifically imposed.

(Code 1971, §§ 14-17, 14-29)

11-217 Advertising affairs.

(a)The license tax for advertising affairs per day shall be $20.00.

(b)The term “advertising affairs” shall mean and include any concert, lecture or exhibition on streets for advertising purposes.

(Ord. No. 2222, 12-3-1980)

11-218 Alcoholic liquor distributor.

(a)The license tax for each distributor of alcoholic liquor (except beer) having state-licensed premises in the city, per year shall be $900.00.

(b)The license tax for each distributor of beer containing more than 3.2 percent of alcohol by weight, per year shall be $100.00.

(K.S.A. 41-310; Code 1971, § 14-32)

11-219 Alcoholic liquor retailer.

(a)Effective July 1, 2011, the biennial license tax for each retailer of alcoholic liquor having state-licensed premises in the city shall be $600.00.

(b)The applicant may elect to pay the biennial license tax in two installments, with one-half due and payable at the time of the issuance of the state license, and the other half plus $30.00 due and payable one year from the date of issuance of the state license. Refunds for the second year of the tax due to an unused portion of the second year of the state license may be provided in accordance with K.S.A. 41-2607 and K.S.A. 41-2629 as amended.

(c)The license tax for a special event alcoholic liquor license shall be $25.00 per event.

(Ord. 2022-3187)

11-220 Cereal malt beverages.

(a)The license taxes for each place of business where cereal malt beverages are sold or offered for sale at retail, per calendar year shall be as follows:

(1)Class A license .....$50.00

(2)Class B license .....$150.00

No license shall be issued for less than the full annual license fee, regardless of the proximity of the date of issuance to the end of the calendar year, and regardless of whether any such business ceases operation prior to the end of any calendar year.

(b)The license tax for each beer garden located in a city park of the city, allowing use of a specifically described area where cereal malt beverages may be sold at retail and consumed on the beer garden premises, shall be (per license) $50.00 per event, not to exceed one week.

(c)The license taxes for special event retailers’ permits shall be (per license)$50.00 per event, not to exceed one week.

(Ord. No. 2011-3015, §§ 1, 5, 6-1-2011)

11-221 Fireworks; retail sale.

(a)The annual license tax for the retail sale of fireworks shall be $1.50 per square foot for each place of business where fireworks are sold or offered for sale at retail. Provided, however, that the minimum license tax for each such place of business shall be $150.00.

(b)A place of business where fireworks are sold or offered for sale at retail shall be defined as any structure used for that purpose, or any outdoor area in which fireworks are put on display for sale, or any combination of structure and outdoor area. If two or more such structures or areas or combinations thereof are owned or operated by the same person or entity, a separate license shall be required, and a separate license tax must be paid, for each such structure, outdoor area, or combination thereof.

(Ord. No. 2012-3037, §§ 1, 4, 5-2-2012)

11-222 Pawnbrokers and precious metal dealers.

There is hereby imposed a license fee of $25.00 which shall be paid annually upon application for, or renewal of, any pawnbroker’s and/or precious metal dealer’s license, as provided by K.S.A. 16-707(c). No person shall conduct business in the city as a pawnbroker or precious metal dealer without qualifying for, obtaining and paying for a pawnbroker’s license and/or a precious metal dealer’s license. No person shall be granted such a license unless such person is in full compliance with all provisions of K.S.A. 16-706 et seq., as amended.

(Ord. No. 2487, 7-1-1987)

11-223 Reserved.

(Ord. 2018-3142)

11-224 Taxicabs and other vehicles for hire.

(a)This section applies to any person engaging in the business of operating taxicabs or other vehicles carrying or transporting persons for hire within the corporate limits of the city. The annual license tax is $50.00.

(b)No license shall be issued by the city for engaging in the business of operating taxicabs or other vehicles carrying or transporting persons for hire within the corporate limits of the city, until after the applicant therefor shall have filed with the city clerk an insurance policy (or satisfactory evidence of its existence) in some insurance company or association authorized to transact business in the state, in the sum of at least $25,000.00 per person and $50,000.00 per accident, to protect the interests of the public, which liability insurance shall bind the obligors thereunder to pay compensation for death of or injuries to persons and loss of or damage to property resulting from the negligent operation of such taxicabs or other vehicles. When such license is issued, it shall remain in effect only while such insurance remains in force.

(Code 1971, §§ 14-60, 25-1)