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It shall be unlawful for any itinerant business to:
A. Conduct business or carry on activities in violations of any zoning requirements of the City, including setback requirements.
B. Conduct business or carry on activities other than between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M, with the exception of any mobile restaurants, mobile food service units, street food vendors, or push food carts which can conduct business between seven o’clock (7:00) A.M. and twelve o’clock (12:00) A.M.
C. Fail to provide adequate parking for customers or other persons going to and from the activity or business conducted by the itinerant business, or to allow or encourage any traffic or parking congestion which interferes with traffic flow or the use of parking facilities by permanent businesses entitled to use the parking areas.
D. Use any electronic device for amplification in an outdoor area or to otherwise create, or gather people who create, noise sufficient so as to disturb the peace, quiet or repose of surrounding residential or commercial areas.
E. Provide any false or misleading information in completing the license application or to fail to obtain permission of the property owner where such activity or business is being conducted.
F. Fail to provide, at the request of the purchaser or customer, a written receipt for purchases exceeding five dollars ($5.00).
G. Fail to provide any customer, or other person, with his/her name, the name of the company or organization represented, the name of the product, or to make any representation as to identity which is false or misleading.
H. Fail to allow authorized law enforcement officers or City employees to enter into or upon the premises or to otherwise interfere with any inspection of the premises or business.
I. Fail to remove any structure, device, trash or debris caused, created or associated with the itinerant businesses' activities in an outdoor area.
J. Erect or display more than one (1) sign or any sign greater than sixteen (16) square feet in total area. Streamers, pennants, searchlights and any device with flashing, blinking, rotating or moving actions or messages are prohibited. No signage shall be placed in a public right-of-way.
K. Erect or construct any structure, tent or building greater than one hundred twenty (120) square feet.
L. Conduct business or carry on activities within fifty feet (50') of any driveway entrance or access lane from a public street to an existing business.
M. Conduct or carry on more than one (1) itinerant business or activity on the same property at any one time.
N. Conduct business or carry on activities within the public right-of-way or other publicly owned property. (Ord. 1171, 11-16-2015; amd. Ord. 1254, 2-21-2023)
It shall be unlawful for any person engaging in an itinerant business to cut across or walk upon any lawn, front yard or courtyard, except upon sidewalks or walkways if such walkways are provided, or upon a regularly established path where no sidewalk or walkway has been provided to a house or other building. (Ord. 1171, 11-16-2015)
All persons licensed under the provisions of this chapter shall certify that while doing business in the City they will strictly comply with all the ordinances of the City. Any licensee who shall be guilty of any fraud, cheating or misrepresentation, whether through themselves or through an employee, while doing business in the City shall be deemed guilty of a violation of this chapter. (Ord. 1171, 11-16-2015)
No person not exempt by the provisions of section 3-3-3 of this chapter shall engage in the activities coming under this chapter within the City without first obtaining a license. Any applicant for a license under this chapter shall file with the City Clerk a sworn application on a form furnished by the City Clerk, which shall give information, or provide documentation, as follows:
A. Name, date of birth, and permanent residential address of applicant;
B. If the applicant is not an individual, the names and addresses of the officers of the corporation or members of the partnership, association, or other entity. If the applicant is a corporation, the name and permanent address of the applicant's registered agent or office;
C. Physical description of the applicant; accompanied by copy of driver's license;
D. Date(s) and time(s) for which the license is desired;
E. A description of the location and nature of the business, the goods, wares, merchandise or services to be sold, and the manner in which the sales will occur;
F. Description of any temporary structures to be erected, constructed and used by applicant;
G. A statement as to whether or not the applicant has within two (2) years prior to the date of the application been convicted of any felony or misdemeanor of any kind, or a violation of any Municipal ordinance regulating business licenses;
H. A signed statement from the applicant indicating that all of the information provided is true and correct;
I. Proof of a current sales tax license from the State of Kansas or proof of exempt status from State sales tax. (Ord. 1171, 11-16-2015)
The City Clerk, and the Chief of Police when necessary, shall examine the application filed under this chapter and shall make, or cause to be made, such further investigation of the application and the applicant deemed necessary. A license shall be denied if the applicant has been convicted of a crime that bears a reasonable relationship to the licensed business. The licensee shall be notified by the City Clerk of the decision on the issuance or denial of the license within three (3) business days after the application has been filed. Such license, when issued, 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 location and nature of the business involved. The 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 at all times when conducting business in the City. (Ord. 1171, 11-16-2015)
Before a permit is issued, there shall be paid to the City Clerk fees as herein provided for a permit which will allow a temporary business to operate within the City as specified in the application. The fee for the background check is fifty dollars ($50.00) and the fee for the permit shall be twenty five dollars ($25.00) for each day the permit is requested but not to exceed two hundred dollars ($200.00) for any six (6) month period. (Ord. 1171, 11-16-2015)
A. The City Clerk and/or the Chief of Police may deny or revoke any license issued under this chapter, 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 chapter.
4. Conducting the business 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.
5. Noncompliance with section 3-3-6 of this chapter.
B. Notice of the revocation of a license shall be in writing to the applicant, at the residence address listed on the application, and the City Clerk shall set forth the grounds of revocation.
C. Any person aggrieved by the action of the City Clerk in the denial or revocation of a license shall have the right of appeal to the Governing Body. Such appeal shall be taken by filing with the City Clerk within fourteen (14) days after notice of revocation or denial of the license has been mailed to such applicant's last known address setting forth the grounds for appeal. The applicant or licensee may not engage in the itinerant business during the appeal process. The Governing Body shall set a time and place for a hearing on the appeal and provide notice of the hearing to the applicant. The decision of the Governing Body on such appeal shall be final. (Ord. 1171, 11-16-2015)