For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   Dwelling shall mean a building or portion thereof, including residential-design manufactured homes, mobile homes and manufactured homes, designed or used for a residential occupancy.  For the purposes of this chapter, this term shall include common areas of multifamily residential structures.  

(b)   Solicit shall mean travelling from dwelling to dwelling, offering the sale of goods, wares, merchandise, food, or services.

(c)   Solicitor shall mean any person who solicits, except the term shall not include a person who has been specifically invited by an occupant of a dwelling to solicit at the dwelling.

(Code 2007; Ord. 771)

(a)   It shall be unlawful for any person to solicit within the corporate limits of the city without having first obtain a license as required in this article.

(b)   A license shall not be required for a person who solicits within the city on behalf of a non-profit organization exempt from taxation under the Internal Revenue Code, if a letter is submitted to the city clerk certifying the organization’s tax-exempt status and describing the dates and nature of the planned soliciting activities on behalf of the organization.

(Code 2007; Ord. 771)

(a)   The application for a license to solicit shall be on a form provided by the city clerk, and a complete application shall be submitted to the city clerk, accompanied by the appropriate fee.  The application form shall obtain the information necessary to conduct a criminal background check on each person listed as a solicitor on the application to ensure compliance with this section. 

(b)   No license shall be issued under this chapter to any person who:

(1)   Is required to register pursuant to the Kansas Offender Registration Act, K.S.A. 22-4901 et seq., or pursuant to an offender registration act of any state;

(2)   Has been convicted of a felony;

(3)   Has been convicted in the past five years of a misdemeanor or ordinance violation involving force, violence, deceit, or fraud; or

(4)   Has been convicted of any law regulating the act of soliciting within the past five years.

(c)   The application shall be accompanied by a fee as prescribed in section 1-118, for each day, or portion thereof, that the licensee shall solicit within the city limits.  The maximum fees to be collected from a licensee during any six-month period of time shall be as prescribed in section 1-118.

(Ord. 586, Sec. 8-103; Code 2007; Ord. 771)

(a)   Upon receipt of the above application from an applicant, the city clerk shall  cause an investigation of the facts stated therein to be made within not to exceed five days.

(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 city clerk shall notify the applicant in writing that his or her application is disapproved, stating the reasons therefore 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 city clerk shall, upon payment of the fees prescribed, issue a license to the applicant to engage in soliciting as 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.

(Code 2007; Ord. 771)

(a)   Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license.

(b)   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.

(Ord. 586, Sec. 8-105; Code 2007; Ord. 771)

All licenses issued shall be subject to renewal upon a showing of compliance with section 5-203 of this article within a six-month period prior to the renewal date. The city clerk need not require an additional application under section 5-203 or an additional investigation under sections 5-204 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.

(Ord. 586, Sec. 8-104; Code 2007; Ord. 771)

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:

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

(b)   Fraud, misrepresentation or false statement made in the course of engaging in soliciting.

(c)   Any violation of this article.

(d)   Soliciting 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.

(K.S.A. 12-1617; Code 2007; Ord. 766; Ord. 771)

(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.

(Code 2007; Ord. 771)

It shall be unlawful for any licensee:

(a)   To make false or fraudulent statements concerning the quality of nature of  the solicitor’s goods, wares and merchandise for the purpose of inducing another to purchase the same;

(b)   To fail to exhibit the solicitor’s 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;

(c)   To enter upon the private premises of any dwelling when the premises are posted with a sign stating, “No Peddling,” “No Solicitations” or any other words to such effect;

(d)   To solicit upon, or refuse to leave, any premises after having been asked by the owner or occupant thereof to leave the premises.

(Code 2007; Ord. 771)