For the purpose of this article, the following words shall be considered to 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, character or description whatever, for any kind of consideration whatever; or

(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, 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 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 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 vehicle or stand temporarily located on the public streets or sidewalks of this city.

It shall be unlawful for any person, firm or corporation, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city.

(a)   No person shall engage in the activities as defined in section 5-101 within the corporate limits of the city without first obtaining a license from the city clerk.

(b)   License and fee requirements shall be waived for any person, organization, firm, or corporation residing in Kearny County.

(c)   No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state, shall be required to pay any license fee or occupation tax imposed by any law of this city, and he or she, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license.

(d)   The governing body may waive the license requirements of this section for any person, firm or corporation.

(K.S.A. 12-1617)

A temporary license may be issued to a person, firm, or corporation engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located in the city limits of Lakin, by a Kearny County Law Enforcement Official when the following procedures have been met:

(a)   An application will be provided by the officer or agent of the city and must be completed and accompanied with the fee, before any business is conducted.

This application may be used for the investigation procedures as set out in section 5-105:106, to obtain a regular license.

(b)   Each application shall be accompanied by the written permission of the owner, or tenant in possession of the location described in the application, from which or in front of which the applicant intends to offer goods, services, merchandise.

(c)   A fee of $20.00 per day shall apply and shall be deposited by the vender into the Lakin Administrative Centers night deposit box with completed application, to be verified by the Kearny County Law Enforcement Official.

(d)   A temporary license shall not be for more than one 24 hour period.

(e)   The temporary license shall be displayed and visible to the public at all times of its effectiveness.

(f)   A temporary license will only be issued one time to any person, firm or corporation, and may only be issued on days that the Lakin Administrative Center is not open for business.

(Code 2003)

Any applicant requiring a license under this article shall file with the city clerk an application in writing on a form furnished by the city clerk, which shall give the following information:

(a)   Name and physical description of applicant;

(b)   Address of applicant;

(c)   Identification of applicant including date of birth, photograph, driver’s license number and expiration date of license; or in lieu of thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application;

(d)   Identification of vehicle used by applicant and those assisting the applicant in conducting his or her business;

(e)   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 the business;

(f)   If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business;

(g)   The length of time in which the right to do business is desired;

(h)   The address where services are to be performed or where the goods or property 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.

(i)    A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefore, if any, and the city and the state where conviction occurred;

(j)    Each application shall be accompanied by the written permission of the owner, or tenant in possession of the location described in the application, from which or in front of which the applicant intends to offer goods, services, merchandise, or personal property for sale;

(k)   The applicant must provide the city clerk with a current Kansas Sales Tax number.

At the time of filing the application, an investigation fee of $50.00 will be required to be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application, and shall be valid for a period of five years.

(a)   Upon application of a license, and payment of investigation fee, it shall be the duty of the chief of police to report the investigation of the facts within five business days to the office of city clerk.

(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 application. 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.

(a)   The fee for the license required pursuant to section 5-102, shall be in the amount of $20 per day that the licensee shall operate within the city limits;

(b)   Any such license granted, upon application as required hereinabove, shall be limited to, and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m. No solicitation or sales shall be conducted by any person during any other hours on said date.

No license granted by the city shall be assignable or transferable, nor shall such license authorize any person to do business or act under it but the person named therein, nor at more than one place. There shall be no refunds.

(a)   All license fees shall be due and payable before the commencement of a trade, occupation, business, or profession for which license fees are required.

(b)   No license shall be issued until the fee is paid.

(c)   Licenses shall be renewed on or before the expiration date of the current licenses.

(d)   The license for a day shall expire at midnight.

The city clerk shall, upon payment of any license fee specified, give a receipt therefore stating the amount paid, and to whom issued.

Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business he or she desires to engage in and the location thereof, the amount paid, and time the license shall expire; and the person having such license shall be authorized to carry on the business therein named.

The city clerk shall keep a record to include the following information:

(a)   The name of each person licensed;

(b)   The address of each person licensed;

(c)   The date of the license issued;

(d)   The purpose for which the license is granted;

(e)   The amount paid;

(f)   The time the license shall expire

(g)   A copy of the Kansas Sales Tax number.

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

All persons to whom licenses are issued must 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

All licenses issued shall be subject to renewal upon a showing of compliance with sections 5-102:103:105 of this article within a six month period prior to the renewal date. The city clerk need not require an additional application under section 5-103 or an additional investigation and investigation fee under sections 5-104:105 unless complaints have been received of violations of the conditions under which any license has heretofore been issued. The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license.

(a)   The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this article, 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.

(4)   Conducting a business 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 denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension.

(5)   Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date.

(a)   Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this article, shall have the right of appeal to the governing body.

(b)   Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant’s last known address and setting forth the grounds for appeal.

(c)   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 denial, revocation, or suspension.

(d)   The decision and order of the governing body on such appeal shall be final and conclusive.

(a)   It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.

(b)   Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same.

Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, nor shall any person be permitted a stationary location in the public streets, nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public.

Except when authorized in writing by the city clerk, no licensee nor any person in his or her behalf, shall 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 there from 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.