CHAPTER V. BUSINESS LICENSES AND REGULATIONSCHAPTER V. BUSINESS LICENSES AND REGULATIONS\ARTICLE 2. SOLICITORS AND PEDDLERS

The term “solicitor,” “canvasser” and “peddler” as used in this article shall be construed to mean any individual whose business is mainly or principally carried on by traveling either by foot, wagon, automobile, motor vehicle 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 the sale of goods, wares and merchandise or tangible personal property of any kind whatsoever, for present or 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 or not; and shall also include any person who without traveling from place to place shall sell or offer any such goods for sale from any wagon, motor vehicle, railroad car or other vehicle or conveyance or temporary stand whether located on public or private property: Provided, That this definition shall not include commercial travelers commonly called “drummers” selling only to retailers or to any person or persons representing any recognized charitable, education, eleemosynary institution, Community Chest, United Fund Drive, or any person, firm or corporation conducting such activity in conjunction with a project, planned activity or program conducted by any civic organization, government committee or board, service organization or nonprofit agency whose situs is within the city of Russell, Kansas, or any business activity described herein conducted by any person, firm or corporation with residence or situs in the City of Russell, Kansas.

(Code 1973, 8-201; Ord. 1491, Sec. 2; Ord. 1497, Sec. 2)

It shall be unlawful for any person to engage in the business of a solicitor, canvasser or peddler as defined in section 5-201 of this article, within the corporate limits of the city, without first obtaining a permit and license therefor as hereinafter provided.

(Code 1973, 8-202)

Any person desiring to apply for a permit and license under the provisions of this article shall file with the city clerk a sworn application in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information:

(a)   The name and description of the applicant;

(b)   The permanent home address and local address of the applicant;

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

(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)   If a vehicle is to be used, a description of the same, together with the license number of other means of identification;

(g)   A photograph of the applicant taken within one year prior to the date of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; or in lieu thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application;

(h)   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 in lieu thereof, such other evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

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

(Code 1973, 8-203; Code 1983)

At the time of the filing of the application, a fee of $25 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the application: Provided, That an application for the renewal of a permit and license filed within 30 days after the expiration of a former license held by the applicant, shall be accompanied by an investigation fee of $25.

(Code 1973, 8-204; Ord. 1491, Sec. 2; Ord. 1497, Sec. 2)

Upon receipt of any such application, the original thereof shall be referred to the chief of police who shall cause such investigation to be made of the facts stated in the application and of the applicant’s business responsibility and moral character as he or she shall deem necessary for the protection of the public good; and shall report his or her findings to the city clerk within 10 days after receipt of the application.

(Code 1973, 8-205)

If, as a result of the investigation provided for in section 5-205 of this article, the applicant’s character or business responsibility are found to be unsatisfactory or the facts stated in the application are found to be untrue, the chief of police shall endorse on such application his or her disapproval and the reason for the same, and return the application to the city clerk, who shall notify the applicant that his or her application is disapproved and that no license or permit will be issued.

(Code 1973, 8-206)

If, as a result of the investigation provided for in section 5-205 hereof, the character and business responsibility of the applicant are found to be good and the facts stated in the application are found to be true, the chief of police shall endorse his or her approval upon the application and return the same to the city clerk who shall without payment of any license fee, deliver to the applicant his or her permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold thereunder, the date of issuance and the date of expiration, together with the license number of other identifying description of any vehicle proposed to be used by the licensee.

(Code 1973, 8-207)

Permits and licenses issued under the provisions of this article may be revoked by the governing body of the city after notice and hearing for any of the following causes:

(a)   Fraud, misrepresentation, or false statement contained in the application for license.

(b)   Fraud, misrepresentation, or false statement made in the course of carrying on the business provided for in the license.

(c)   Any violation of the provisions of this article.

(d)   Conviction of any crime or misdemeanor involving moral turpitude.

(e)   Conducting the business of the licensee in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

Notice for hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address as shown upon his or her license or application for license, at least five days prior to the date set for the hearing.

(Code 1973, 8-208)

Any person aggrieved by the action of the chief of police or city clerk in the denial of an application for a permit or license shall have the right to appeal to the governing body of the city within 10 days after the denial of the application by filing with the city clerk a written notice of intention to appeal, setting forth fully the grounds for such appeal. The governing body shall at the next meeting after the filing of such appeal fix a time and place for a hearing thereon, and notice of such hearing shall be given to the appellant in the same manner as provided in section 5-208 of this article, for notice of hearing for revocation. The decision of the governing body on such appeal shall be final and conclusive.

(Code 1973, 8-209)

All licenses and permits issued under the provisions of this article shall expire on December 31 of the year of issue.

(Code 1973, 8-210; Ord. 1491, Sec. 2; Ord. 1497, Sec. 2)