For the purposes of this article, the following words shall mean:

(a)   Transient Vendor. A transient vendor is any person not a resident of Reno County, Kansas, who does not have an established place of business within the corporate limits of the City of South Hutchinson or who is not selling goods from an established place of business with the approval of the owner or occupying tenant thereof, and who sells or offers to sell to the general public, goods, wares, merchandise, or personal property of any nature whatsoever from a conveyance, stand, table, or other means set up or located on the streets or sidewalks of the city or on property within the city owned by another.

(b)   Established Place of Business. An established place of business is any business operated from a permanent building or structure within the city for which the required deposits to become connected to the utility services provided by the city have been made and which place of business is open for business during regular business hours.

(Code 1984)

A transient vendor desiring to do business within the city shall apply to the city clerk for a license authorizing such business. Applications for licenses shall be sworn and in writing and shall contain the following information:

(a)   Name, date of birth, physical description of applicant, and applicant’s Kansas Sales Tax number.

(b)   Address of applicant and address of location where applicant intends to offer goods, wares, merchandise or personal property for sale.

(c)   A brief description of the nature of the business to be conducted and the goods to be sold, and if the goods are farm or orchard products, a statement whether they are produced or grown by applicant, and if not, the name and address of the producer or grower.

(d)   If applicant is employed, name and address of the employer, together with credentials establishing applicant’s relationship to such employer.

(e)   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 state vehicle license number carried on such vehicle.

(g)   A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor, or violation of any municipal ordinance regulating transient vendors, and if so, the nature of the offense and the punishment or penalty assessed therefor.

(h)   Each application shall be accompanied by the written permission of the owner, or tenant in possession of the location described in the application, from which or in front of which the application intends to offer goods, services, merchandise or personal property for sale.

(Code 1984)

No license shall be issued permitting a transient vendor to conduct business within the city for more than three consecutive days nor to any applicant who has within two years preceding the date of such application been convicted of any crime or misdemeanor, other than a traffic offense, or of violating any municipal law regulating transient vendors. All applications for licenses hereunder shall be first approved by the city clerk and the chief of police. Upon receipt of an application the city clerk shall forthwith submit a copy thereof to the chief of police, or in his or her absence, the officer in charge of the police department, and they shall within 24 hours indicate their approval or disapproval of the application. Failure to return an application within the time specified shall be construed as approval of such application.

(Code 1984)

A fee of $10 per day shall be charged each licensee hereunder which fee shall be paid prior to the issuance of a license.

(Code 1984)

No transient vendor shall sell or offer to sell to the general public goods, wares, merchandise, or personal property of any nature whatsoever without first obtaining a license to do so as required by this article.

(Code 1984)