The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHARITABLE ORGANIZATION: Any entity that has a permanent physical location within Scott County, Kansas, which: a) has been certified as a not for profit organization under the Internal Revenue Code, and/or b) has religious, charitable, or benevolent function. As used in this definition, a charitable organization is an organization which exclusively, and in a manner consistent with existing laws, operates to address and assist with physical, mental, or spiritual needs of persons. Commercial, for profit organizations or businesses shall not be considered charitable organizations.
ITINERANT BUSINESS: Any person or business engaging temporarily in the retail sale of goods, wares, merchandise, or services within the City, including any person who for the purpose of conducting such business, rents, leases or occupies any room, building, hotel, motel, structure, parking lot, vacant lot, or motor vehicle of any kind, to sell goods, wares, merchandise, or services or sell goods, wares, merchandise, or services house to house, door to door, or place to place.
LOCAL ITINERANT BUSINESS LICENSE: A license for any business that has a permanent physical location of not less than one thousand (1,000) square feet of retail space within the City, and has operated for a minimum of twelve (12) consecutive months.
NONCOMMERCIAL ACTIVITY: Any activity conducted for personal use or enjoyment without the intent of realizing a profit or recovering costs through the sale of goods, wares, merchandise or services.
NONLOCAL ITINERANT BUSINESS LICENSE: A license for any business that does not have a permanent physical location of at least one thousand (1,000) square feet of retail space within the City, or has a permanent physical location within the City but has not operated for the minimum requirement of twelve (12) consecutive months. (Ord. 1171, 11-16-2015)
Except as otherwise provided in this chapter, a violation of any of the provisions of this chapter is a Class C offense, punishable as provided in section 1-4-1 of this Code. (Ord. 1171, 11-16-2015)
The following activities, businesses, organizations or persons shall be exempt from the licensing provisions of this chapter:
A. Activities or businesses where a permit has been obtained, if applicable, or where such activity or business is sponsored in part by the City, civic organization, not for profit organization, charitable organizations, public or private schools, or educational institutions.
B. Auctions regulated by this Code or State Statute.
C. Garage sales at private residences.
D. Sales of farm products, value-added farm products, nursery products, foliage plants and handcrafted items including, but not limited to, jewelry, soaps, silk flowers and quilts at an organized farmers market at specified places and times approved by the Governing Body provided:
1. Farm products include but are not limited to agricultural products such as fresh fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other bee products, flowers and nursery stock, all subject to the licensing requirements contained in subsection D6 of this section.
2. Value-added farm products are products made by a producer from a farm product, including but not limited to some baked goods, jams and jellies, or other prepared foods, all subject to the licensing requirements contained in subsection D6 of this section.
3. It is conducted under the supervision of a market manager, who is a person or organization that manages the operation of the farmers' market, assigns space to vendors, directs the maintenance of the premises and records and performs related duties as required.
4. All vendors must comply with the market manager's regulations.
5. Food vendors shall comply with all Regulations and Best Practices contained in Food Safety for Kansas Farmers Market Vendors published by Kansas State University Agricultural Experiment Station and Cooperative Extension Service, as revised from time to time, and obtain and exhibit all licenses required by the Kansas Department of Agriculture Food Safety and Lodging Program.
6. All vendors shall submit to the market manager proof of a current sales tax license from the State of Kansas or proof of exempt status from State sales tax.
E. Food service establishments, except as noted herein, that are otherwise regulated and inspected by the Kansas Department of Health and Environment, notwithstanding the foregoing, this exemption specifically excludes mobile restaurants, mobile food service units, street food vendors, or push food carts as included in the definition of food establishment in Kansas Statutes Annotated 65-656.
F. Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business.
G. Sales to the owner or legal occupant of residential premises at such premises pursuant to prior invitation by the owner or legal occupant. Such invitation shall have been issued by the owner or legal occupant at least twenty four (24) hours prior to the sale and the invitation shall not have been solicited in person, but by other means such as telephone, mailing, e-mail, internet, or other advertisement. (Ord. 1181, 4-3-2017)
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