Chapter 11 · Licenses, Permits and Miscellaneous Business Regulations

ARTICLE 6. SOLICITORS AND CANVASSERS

Sections 11-601 to 11-617 · 17 sections

11-601 Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)Solicitor and canvasser mean an individual, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares or merchandise or 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 such individual is collecting advance payments on such sale or not. Such definition shall include any person who, for himself/herself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel room, lodging house, apartment, shop or other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. This definition, however, shall not include those engaged in the collection and dissemination of news, nor shall it include commercial travelers, commonly called “drummers,” representing wholesalers and regularly calling upon retailers.

(Ord. 2018-3142)

11-602 License; required.

It shall be unlawful for any person to pursue, carry on or conduct the trade, occupation or business of a solicitor or canvasser in the city, without a license issued pursuant to this article and article 2 of this chapter. 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.

(Ord. 2018-3142)

11-603 Application generally.

(a)An applicant for a solicitor’s or canvasser’s license shall file, in duplicate with the city clerk on a form to be furnished by the city clerk, a signed and sworn application in writing, which shall truthfully give the following information:

(1)The name and description of the applicant.

(2)The permanent home address and full local address of the applicant.

(3)A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in such business.

(4)If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(5)The length of time for which the license is desired.

(6)The place where services are to be performed, or the place where the goods proposed to be sold (or orders taken for the sale thereof) are manufactured or produced; where such goods or products are located at the time the application is filed; and the proposed method of delivery.

(7)A photograph of the applicant, taken within 90 days immediately prior to the date of the filing of the application, which photograph shall be two inches by two inches approximate wallet size showing the head and shoulders of the applicant in a clear and distinguishing manner. The photo may be brought in at the time of the application or will be taken by city hall staff. In lieu of such photograph, the fingerprints of the applicant may be taken by the chief of police and filed with the application.

(8)A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, giving the nature of the offense and the punishment or penalty assessed therefor, and the city and state where the conviction occurred.

(9)Kansas Sales Tax number or proof of exemption from the collection of Kansas sales tax.

(Ord. 2018-3142)

11-604 False statements in application.

Any person who willfully swears falsely to any statement in the application for a solicitor’s or canvasser’s license shall be guilty of a misdemeanor.

(Ord. 2018-3142)

11-605 Investigation of application and fee therefor.

At the time of filing an application for a license under this article, the applicant shall pay a fee of $50.00 to the city clerk to cover the cost of investigating the facts stated therein. Upon receipt of such application, the original shall be referred to the city manager, who shall cause an investigation of the facts stated in the application to be made within not to exceed five days.

(Ord. 2018-3142)

11-606 Disapproval of application.

If, as a result of the investigation provided for in section 11-605, the applicant’s character or business responsibility is found to be unsatisfactory, or the facts stated therein to be untrue, the city manager shall endorse on such application disapproval and the reasons for the same, and return the application to the city clerk, who shall notify the applicant that such application is disapproved and that no license will be issued.

(Ord. 2018-3142)

11-607 Approval of application; issuance.

If, as a result of the investigation provided for in section 11-605, the character and business responsibility of the applicant for a license under this article are found to be satisfactory, the city manager shall endorse on the application the approval thereof and return it to the city clerk, who shall, immediately upon payment of the fee prescribed by section 11-612, issue to the applicant the license to pursue, carry on or conduct the trade, occupation or business described in the application.

(Ord. 2018-3142)

11-608 Form and contents.

If, as a result of the investigation provided for in section 11-605, the character and business responsibility of the applicant for a license under this article are found to be satisfactory, the city manager shall endorse on the application the approval thereof and return it to the city clerk, who shall, immediately upon payment of the fee prescribed by section 11-612, issue to the applicant the license to pursue, carry on or conduct the trade, occupation or business described in the application.

(Ord. 2018-3142)

11-609 Renewal.

A license issued under this article may be renewed for subsequent days without further compliance with sections 11-603, 11-605, 11-606 or 11-607 if renewed during the same calendar year as the original license application was made. Renewals will not be approved for licenses which exceed ten (10) days total in one calendar year. Renewals must be made in writing to the city clerk and must accompany payment per the fee schedule in section 11-616. The city clerk will notify the police department of the renewal. A new application must be submitted and approved each calendar year.

(Ord. 2018-3142)

11-610 Exhibition.

Solicitors or canvassers licensed under this article shall exhibit their licenses at the request of any citizen or police officer.

(Ord. 2018-3142)

11-611 Suspension or revocation.

(a)For good cause, the city manager may suspend a solicitor’s or canvasser’s license until the next meeting of the governing body, and the governing body, upon a hearing of the matter, with notice to the licensee and affording the licensee an opportunity to be heard, may permanently revoke or cancel such license or terminate the suspension and order a return of the license. If such license is returned, the licensee shall be entitled to a refund of a proportionate amount of the license fee for a period of the license suspension.

(b)The term “good cause” as used in subsection (a) of this section, shall mean and include any reason for which a license could be refused in the case of an original application, and any act of the licensee contrary to the health, morals, safety or welfare of the city’s inhabitants, or any act in connection with the licensed trade, occupation or business which is unlawful, irregular or fraudulent in nature.

(Ord. 2018-3142)

11-612 Exceptions.

A solicitor or canvasser license shall not be required for:

(a)Delivery of newspapers, fuel, tools, dairy products, or bakery goods to regular customers on established routes;

(b)Sale of goods at wholesale to dealers in such goods;

(c)Those who have an established place of business where goods or services being sold are offered for sale on a regular basis, and where the buyer has initiated contact with and specifically requested a home visit by such person;

(d)Those who have had, or one who represents an organization which has had, a prior transaction similar to that being solicited with the solicitee;

(e)Officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business;

(f)Conducting solicitations for the sole benefit or under the auspices of the organization, i.e. Girl or Boy Scouts, Chamber of Commerce, service club or charitable organization;

(g)Children under the age of 16 who are residents of the city.

(Ord. 2018-3142)

11-613 Operation in congested areas.

It shall be unlawful to use a stationary location in or upon any public street, or operate in any congested area where operations might impede or inconvenience the public. For the purpose of this section, 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.

(Ord. 2018-3142)

11-614 Operation on private property.

It shall be unlawful to operate on private property without having first secured the permission of the owner or occupant of such property.

(Ord. 2018-3142)

11-615 Prohibited hours.

No person shall engage in either peddling or soliciting between the hours of one-half hour before sunset and 8:00 p.m., whichever is earlier, to 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with an invitation from the prospective customer.

(Ord. 2018-3142)

11-616 Aggressive peddling or soliciting.

It shall be unlawful for any person to engage in peddling or soliciting in an aggressive manner. As used in this section, "aggressive manner" means either approaching a person present at the residence or continuing the peddling or soliciting activity after the person has made a negative response, whether before or after being invited into the residence, in a manner that (1) is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession or in or about the residence, or (2) is intended to or is likely to intimidate the person into responding affirmatively to the peddling or soliciting activity. Aggressive peddling or soliciting is a class B misdemeanor.

(Ord. 2018-3142)

11-617 Fees.

The license taxes for pursuing, carrying on or conducting the trade, occupation or business of a solicitor or canvasser shall be as follows:

(a)Per day: $200.00

(b)Per calendar year: $2,000.00 for a maximum of ten (10) days

(c)Investigation fee, per permit: $50.00

(Ord. 2018-3142)