Chapter 22
BUSINESSES*
Article I. In General
Secs. 22-1– 22-35. Reserved.
Article II. Business Licenses
Division 1. Generally
Sec. 22-36. Penalty.
Sec. 22-37. Application of article.
Sec. 22-38. Payment of license fee prerequisite to operation.
Sec. 22-39. Specific provisions control.
Sec. 22-40. When payable.
Sec. 22-41. City clerk issues licenses; signatures.
Sec. 22-42. Reserved.
Sec. 22-43. Date and content of licenses.
Sec. 22-44. Not transferable; no refunds or proration.
Sec. 22-45. Licenses exhibited.
Sec. 22-46. Similar business names prohibited.
Sec. 22-47. Revocation.
Secs. 22-48– 22-65. Reserved.
Division 2. Specific Licenses
Sec. 22-66. Fee.
Sec. 22-67. Exemptions.
Sec. 22-68. Licenses not exclusive.
Sec. 22-69. Circus, carnival.
Sec. 22-70. Precious metal dealers.
Sec. 22-71. Haunted house, Halloween house or mystery mansion.
Secs. 22-72– 22-100. Reserved.
Article III. Canvassers, Solicitors and Similar Pursuits
Division 1. Generally
Sec. 22-101. Definitions.
Sec. 22-102. Penalty.
Sec. 22-103. Exemption.
Sec. 22-104. Enforcement.
Sec. 22-105. Disturbing the peace.
Sec. 22-106. Use of street.
Secs. 22-107– 22-130. Reserved.
Division 2. License
Sec. 22-131. Required.
Sec. 22-132. Issuance of license.
Sec. 22-133. Fees; transferability; exhibition; exemptions.
Sec. 22-134. Revocation.
Secs. 22-135– 22-230. Reserved.
Article IV. Tattoo Parlors
Secs 22-231– 22-239. Reserved.
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Cross references: Alcoholic beverages, ch. 6; commercial kennels and catteries, § 10-156 et seq.; building trades and contractors, § 18-521 et seq.; cable communications, ch. 26; alarm systems, § 34-56 et seq.; fees pertaining to businesses, § 42-161 et seq.; food handlers license, § 50-62; oil and gas wells and pipelines, § 58-31 et seq.; taxation, ch. 82; licensing of arborists, § 94-2; vehicles for hire, ch. 98.
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ARTICLE I.
IN GENERAL
Secs. 22-1– 22-35. Reserved.
ARTICLE II.
BUSINESS LICENSES
DIVISION 1. Sec. 22-36. Penalty.
Every person refusing to pay the license tax, and to take out a license, as provided in this article, or any person failing, neglecting or refusing to comply with any of the provisions of this article, or any agent, officer or employee of any such person who has not paid a license tax, and procured a license, as herein provided and required, shall upon conviction thereof be guilty of a class C offense and punished as provided in section 1-8. When any firm or corporation engages in any business or occupation required to be licensed without first obtaining a license as required, the manager, or local agent, or person in charge, or any employee, may be arrested and fined as provided herein; and either or any member of a partnership, or the person in charge of its business, shall be equally liable and subject to prosecution hereunder.
(Code 1968, § 19-3, 19-27)
Sec. 22-37. Application of article.
When any ordinances of the city which now or hereafter require the payment of a license fee by any person, either as principal, agent, or employee, carrying on or pursuing in this city any occupation, business or profession, the rules and regulations set out in this article shall be observed.
(Code 1968, § 19-1)
Sec. 22-38. Payment of license fee prerequisite to operation.
No occupation, business or profession shall be carried on or pursued in this city without first paying to the city clerk the license fee required by ordinance and procuring from the city clerk a license therefor.
(Code 1968, § 19-2)
Sec. 22-39. Specific provisions control.
When a license fee is specifically imposed upon a certain occupation, business or profession, and which occupation, business or profession would be liable under some general provision of this article if the specific provision were absent, the fee shall be that specifically imposed by any such provision.
(Code 1968, § 19-4)
Sec. 22-40. When payable.
All licenses shall be due and payable immediately upon the commencement of the occupation, business or profession for which the same are required; provided, that when any license shall expire, the license for the ensuing period 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 1968, § 19-8)
Sec. 22-41. City clerk issues licenses; signatures.
A license shall be issued by the city clerk upon payment of the fee as required by the city. Licenses shall be signed by the mayor and city clerk and the city clerk shall affix the corporate seal of the city thereto.
(Code 1968, § 19-9)
Sec. 22-42. Reserved.
Sec. 22-43. Date and content of licenses.
All licenses shall be dated on the day of their issuance, and shall state the name of the licensee, the kind of business licensed, the amount paid, and the time such license shall expire; and the person having such license shall be authorized to carry on the business therein named.
(Code 1968, § 19-11)
Sec. 22-44. Not transferable; no refunds or proration.
No license issued under the provisions of any ordinance shall be transferable or assignable. There shall be no refunds of license fee and no license fee shall be prorated.
(Code 1968, § 19-13)
Sec. 22-45. Licenses exhibited.
All persons doing business in a permanent location are hereby required to have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place of business are hereby required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the city.
(Code 1968, § 19-14)
Sec. 22-46. Similar business names prohibited.
When application is made for a license which is required by any ordinance of the city, the application for original issuance and/or renewal of such license will be reviewed to assure that the business name to be shown on such license is not similar to the name shown for a previous licensee for the same purpose. If similar business names are found to exist, as determined by the licensing authority, the business which has been licensed for the longest period of time shall retain its business name and the newer applicant for issuance or renewal of a license shall be required to choose a different business name.
(Code 1968, § 19-15)
Sec. 22-47. Revocation.
Any license issued by the city under provisions of this article shall be subject to revocation by the governing body without notice upon the conviction of any licensee hereunder for a violation of this Code relating to licensing of any trade, occupation, business or profession in the city; provided, that the governing body may revoke any license issued under this article for any abuse or misuse of such license by any person licensed at any time upon return to the licensee of the unearned portion of such license.
(Code 1968, § 19-29)
Secs. 22-48– 22-65. Reserved.
DIVISION 2. Sec. 22-66. Fee.
No person, either as principal, agent or employee, shall conduct, carry on or pursue in the city any trade, calling, business or profession without first paying to the city clerk the required license fee and procuring from the clerk a license therefor, except as otherwise provided by this Code. Such license fee shall be in the amount hereinafter set out and the fees to be paid shall be for a designated period of time.
(Code 1968, § 19-25)
Sec. 22-67. Exemptions.
Nothing in this division shall be construed to require a license for the giving of any scientific or literary or educational lectures and entertainments, or concerts or musicals or other entertainments exclusively given or sponsored by residents or established organizations of the city.
(Code 1968, § 19-26)
Sec. 22-68. Licenses not exclusive.
Nothing in this division shall be deemed to repeal or be in conflict with any other provisions of this Code imposing or requiring the payment of a license fee or fees as a condition for carrying on or engaging in any other business, occupation or profession not licensed herein.
(Code 1968, § 19-28)
Sec. 22-69. Circus, carnival.
Each circus or carnival shall pay to the city the daily license fee established in section 42-161. Prior to the issuance of the license the city shall be allowed to inspect the business and no license shall be issued if the inspection reveals noncompliance with applicable laws and ordinances. In addition, no such license shall be issued unless the applicant produces evidence of insurance coverage by an insurance company authorized to do business in this state in the following minimum amounts:
(1) For injuries to or death of any one person, $500,000.00.
(2) For personal injuries or death arising from any one occurrence, $1,000,000.00.
(3) For property damage, $500,000.00.
(Code 1968, § 19-34)
Sec. 22-70. Precious metal dealers.
Each individual, partnership or corporation engaged in the business or occupation of a precious metal dealer shall pay to the city an annual license fee in the amount established in section 42-162 and as a condition thereto shall complete an application form available in the office of the city clerk including and containing all information required by K.S.A. 16-707.
(Code 1968, § 19-42)
Sec. 22-71. Haunted house, Halloween house or mystery mansion.
(a) The fee for a license for a haunted house, Halloween house or mystery mansion is as provided in section 42-163.
(b) Every person engaging in, conducting, pursuing or operating within the corporate limits of the city a haunted house, Halloween house, or mystery mansion, shall comply with the following standards, rules and regulations:
(1) Before any license is issued, the house, building or structure shall be inspected by representatives of the inspection department, the fire department and police department.
(2) The house, building or structure shall be of sound structural condition.
(3) Fire protection shall be provided as required by the fire department.
(4) Each floor level shall be provided with two approved exits and steps with four or more risers shall be equipped with handrails.
(5) Emergency lighting shall be provided and a public address or alarm system shall be provided.
(6) All mazes and/or hallways shall not be less than two feet, six inches wide.
(7) All mazes shall have exit facilities into the common area located every 20 feet.
(8) All decorations and materials used shall be flame resistant or treated and maintained fire retardant.
(9) The building, house or structure and the surrounding grounds and premises shall be cleaned, inspected and secured after the operation is closed for the season.
(10) A telephone shall be provided on the premises for emergency use during all hours of operation.
(11) In all locations wherever operated, adequate off-street parking may be required as determined by the governing body.
(12) All electrical facilities, wiring, appliances, motors and devices of whatever nature shall be approved by the inspection department.
(13) Security measures required by the police department shall be provided.
(Code 1968, § 19-46)
Secs. 22-72– 22-100. Reserved.
ARTICLE III. DIVISION 1. Sec. 22-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Itinerant peddlers means any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from door to door, from house to house, or from street to street, carrying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from door to door, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this division shall be deemed a peddler subject to the provisions of this division. The word "itinerant peddler" shall include the words "hawker" and "huckster."
Itinerant solicitors or itinerant canvassers means any individual, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from door to door, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for 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 such solicitor or canvasser is collecting advance payments on such sales or not, provided that such definition shall include any person who hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodginghouse, motel room, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
Itinerant street salesman means any person, whether a resident of the city or not, who engages in any manner in selling merchandise of any kind from a wagon, automotive vehicle, or stand temporarily located on the public streets or sidewalks of this city.
Licensed solicitor or peddler means any person who has obtained a valid license as hereinafter provided, which license is in the possession of the solicitor or peddler while engaged in soliciting or peddling.
Premises means any building or property used for residential, commercial, educational, or industrial activity.
Residence means every separate living unit occupied for residential purposes by one or more persons, contained within any type of structure.
Transient merchant, itinerant merchant or itinerant vendor means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels or motels, lodginghouses, apartments, shops, or any street, alley, or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this article merely by reason or associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(Code 1968, § 19-85)
Cross references: Definitions generally, § 1-2.
Sec. 22-102. Penalty.
Except as otherwise provided in this article, a violation of any of the provisions of this article is a class C offense, punishable as provided in section 1-8.
(Code 1968, § 19-94)
Sec. 22-103. Exemption.
The provisions of this article do not apply to noncommercial activities.
Sec. 22-104. Enforcement.
It shall be the duty of any police officer to require any person engaged in the activities defined in this article who is not known by such officer to be duly licensed, to produce such person's own license and to enforce the provisions of this article against any person found to be violating the same.
(Code 1968, § 19-93)
Sec. 22-105. Disturbing the peace.
No person identified in section 22-101, nor any person on behalf of such person, shall shout, make an outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound-amplifying system upon any streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
(Code 1968, § 19-90)
Sec. 22-106. Use of street.
No person identified in section 22-101 shall have any exclusive right to any location in the public streets, and shall not be permitted in a stationary location, nor be permitted to operate in any congested area where such person's operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(Code 1968, § 19-91)
Secs. 22-107– 22-130. Reserved.
DIVISION 2. Sec. 22-131. Required.
No person shall engage in the activities coming under this article within the corporate limits of the city without first obtaining a license. Any applicant for a license under this division shall file with the city clerk a sworn application on a form furnished by the city clerk, which shall give the following information:
(1) Name and date of birth of applicant;
(2) State sales tax number;
(3) Credentials from the person who the applicant is employed by or represents;
(4) Physical description of the applicant;
(5) Period of time for which the certificate and license is applied;
(6) Address of the applicant's present place of residence;
(7) A brief description of the nature of the business and the goods to be sold;
(8) Location and zoning of any temporary facility, structure, building or vehicle;
(9) Whether or not the applicant has ever been convicted of a crime involving moral turpitude or any felony conviction;
(10) Submit a copy of said personal property tax receipt from the county treasurer or another county treasurer in the state for all goods or merchandise brought into the county, from outside the state to be sold or disposed of in a place of business temporarily occupied for their sale.
(Code 1968, § 19-86)
Sec. 22-132. Issuance of license.
The city clerk and/or the chief of police shall examine the application filed under this division 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 felony, provided that the felony bears a reasonable relationship to the fitness to carry on the licensed business. The licensee shall be notified by the city clerk of the decision on the issuance or denial of the license within 48 hours after the application has been filed; however, Saturdays, Sundays and holidays shall be excluded in such time computation. 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 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 solicitor shall carry the license at all times.
GENERALLY
SPECIFIC LICENSES
CANVASSERS, SOLICITORS AND SIMILAR PURSUITS
GENERALLY
LICENSE