CHAPTER V. BUSINESS LICENSES AND REGULATIONSCHAPTER V. BUSINESS LICENSES AND REGULATIONS\ARTICLE 1. LICENSE REGULATIONS AND FEES

When any laws of the city now or hereafter require the payment of a license fee by any person, firm or corporation either as principal, or agent, or employee, carrying on or pursuing in this city any occupation, business or profession (other than those regulated and licensed by Chapter 4 of this code), the following rules and regulations shall be observed.

(Code1973, 8-101)

The license fee or fees levied by any such ordinances shall be paid by the persons carrying on the occupations, businesses and professions subject to the same in such amounts as may be required by the applicable ordinance, and no such occupation, business or profession shall be carried on or pursued in this city without first paying to the city treasury the license fee or fees required and procuring from the city clerk a license therefor.

(Code 1973, 8-102)

When a business or profession is required to be licensed under a specific article or section of these ordinances, and the same business would also be liable to be licensed under the general provisions of any licensing ordinance, the special provisions relating to such specific business or profession shall control; and when so licensed, it shall not be necessary for such business or profession to be licensed under the general licensing provisions of any other ordinance.

(Code 1973, 8-103)

No provisions of any ordinance imposing a license fee shall be construed to unduly burden or unreasonably interfere with the subjects of commerce between the several states as provided by section 8 of article 1, or to discriminate among citizens of the United States contrary to the provisions of section 2 of article 4 or amendment 14, of the Constitution of the United States as defined and interpreted by the Supreme Court of the United States or of the State of Kansas.

(Code 1973, 8-104)

All license fees shall be due and payable prior to the commencement of the occupation, business or profession for which a license is required and all renewals shall be due and payable immediately upon the expiration of any such prior license. No License shall be issued until the fee required is paid.

(Code 1973, 8-106)

All licenses shall be issued by the city clerk, who shall cause the official seal of the city to be affixed thereto, upon payment of the proper license fee and upon exhibiting evidence that the applicant is otherwise qualified to receive such license.

(Code 1973, 8-107)

All licenses issued on an annual basis shall expire on the last day of December next after their issuance. No license issued under the provisions of any ordinance shall be transferable or assignable; and no refund shall be granted on any license which is surrendered or revoked prior to the expiration of the term for which the license was issued.

(Code 1973, 8-108)

All licensees doing business in a permanent location shall have their license conspicuously displayed in their place of business, and all licensees not having a permanent place of business shall present the license for inspection when requested to do so by any citizen or officer of the city.

(Code 1973, 8-109)

Before issuing any license authorized under any of the licensing ordinances of the city, the city clerk may require the applicant to submit any of the following information in addition to the information required for the particular license which is being applied for:

(a)   Name, home address and local address of the applicant;

(b)   A brief description of the proposed business;

(c)   The place where licensee proposes to do business in the city;

(d)   If employed, the name and address of the employer, together with credentials establishing such relationship;

(e)   The length of time for which the right to do business is desired;

(f)   The names of at least two reliable property owners of Russell County, Kansas, who will certify as to the applicant’s good character and business responsibility or such other evidence thereof, as the city clerk may require;

(g)   A statement as to whether or not the applicant has ever been convicted of the violation of any law or municipal ordinance involving moral turpitude.

(Code 1973, 8-110)

Upon receipt of an application for any license, the city clerk shall make such investigation as he or she may deem necessary and if such investigation shows the facts stated in the application to be true and the applicant is found to be a person of good character and business responsibility, the license shall be issued upon payment of the License fee provided for in the licensing ordinance, otherwise the license shall be refused.

(Code 1973, 8-111)

It shall be unlawful for any person, firm or corporation to engage in any of the businesses, occupations, or professions named in sections 5-112:116 of this article without first having paid the license fee and obtaining a license in the manner provided for in this article.

(Code 1973, 8-112)

For each stand, ride, place of amusement or other concession other than free acts operated in connection with a carnival, per day or fraction thereof - $1.

(Code 1973,8-114)

Each circus, including side shows, concessions and amusement devices operated in connection therewith, per day or fraction thereof - $75.

(Code 1973, 8-115)

Each doll rack, knife rack, ride, shooting gallery or amusement device ordinarily known as “concessions” not operated as a part of a carnival or circus, per day or fraction thereof - $2.

(Code 1973, 8-116)

Each fortuneteller, street fair, palmist, clairvoyant, phrenologist, mind reader or astrologist, regardless of whether operating in connection with a carnival or circus, per day or fraction thereof - $10.

(Code 1973, 8-117)

Each amusement stand, rack or exhibit not herein otherwise specifically provided for, which is operated outdoors or in a tent or other temporary structure, per day or fraction thereof - $2.

(Code 1973, 8-119)

Before the city clerk shall issue any license for the purposes mentioned in sections 5-112:116 of this article, the applicant for such license shall deposit with the city clerk the sum of not less than $150 nor more than $300 to guarantee that the applicant will pay to the city the amount of any utility bill which may become due and owing to the city on account of utilities supplied to the licensee and that the licensee will clean up the grounds where his or her business was being conducted by removing all accumulations of rubbish and debris therefrom, and leave the grounds in a clean and sanitary condition. In the event the licensee shall fail to pay such bills and clean up the grounds immediately after vacating the same, the city clerk shall pay the utility bills and pay for the cost of cleaning up the grounds out of such deposit and shall then refund the balance, if any, to the licensee.

(Code 1973, 8-120)