HomeMy Public PortalAboutOrd 347 Merchants Solicitors
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(First Published in the Ark Valley News
on the .2t.Jpday of Y fA n P. , 2001.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 347
AN ORDINANCE REGULATING THE ACTIVITIES
OF TRANSIENT MERCHANTS, SOLICITORS AND
PEDDLERS, AS DEFINED HEREIN, WITHIN THE
CORPORATE LIMITS OF THE CITY OF BEL AIRE,
KANSAS; PROVIDING A PERMITTING PROCESS;
PROVIDING FOR PENALTIES; AND REPEALING
ORDINANCES NUMBER 50 AND 51.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. Definitions.
1. "Charitable" means and includes any activity represented to be
carried on for unselfish, civic or humanitarian motives or for the benefit of others
and not for private gain and means, and includes patriotic, philanthropic, social
service, health, welfare, benevolent, educational, civic, cultural or fraternal, either
actual or purported.
2. "Charitable Contribution" means a contribution made on behalf of a
nonprofit organization holding a tax exemption certificate from the Internal
Revenue Service pursuant to Section 501 et seq. and any amendments thereto.
3. "Fee" means a sum charged to cover the administrative costs of
processing an application for a permit.
4. "Peddler" means any person who goes upon the premises of any
private residence in the City of Bel Aire, not having been invited by the occupant
thereof, carrying or transporting goods, wares, merchandise or personal property
of any nature and offering the same for sale. This definition also includes any
person who solicits orders and as a separate transaction makes deliveries to
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purchasers as part of a scheme to evade the provisions of this ordinance. This
definition further includes any person who vends ice cream from a vehicle on any
public street of the City of Bel Aire.
5. "Peddling" includes all activities ordinarily performed by a peddler
as defined herein.
6. "Person" means any individual, firm, partnership, corporation,
company, religious sect or denomination, society, organization or league and
includes any trustee, director, member, partner, officer, receiver, assignee,
employee, agent or other similar representative thereof.
7, "Solicitor" means any person who goes upon the premises of any
private residence in the city, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of goods,
merchandise, wares or other personal property of any nature for future delivery,
or for services to be performed immediately or in the future. This definition also
includes any person who, without invitation I goes upon private property, to
request contribution of funds or anything of value, or to sell goods or services for
political I charitable, religious, or other non-commercial purposes.
8, "Solicitation" includes all activities ordinarily performed by a solicitor
as defined herein.
9. "Transient Merchant" 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 such city, and who, in furtherance of such purpose, hires, leases, uses or
occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat,
public room in hotels, lodging houses, 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. The person so engaged shall
not be relieved from complying with the provisions of this ordinance merely by
reason of 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.
Section 2. Permit Reauired,
It is unlawful for any transient merchant, solicitor or peddler as defined
herein to engage in such business within the corporate limits of the City of Bel
Aire without first obtaining a permit in compliance with the provisions of this
ordinance unless specifically excluded from the permit requirement as follows.
No permit shall be required for any transient merchant, solicitor or peddler under
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the following conditions:
1. For wholesale sales to retail merchants by commercial selling
agents in the usual course of business.
2. For sales or displays at fairs, festivals or shows operated primarily
for amusement, entertainment, recreation or education.
3. For sales or displays at public sales or shows of crafts or items
made by hand and sold, offered for sale, or displayed by the individual making
such crafts or handmade items.
4. For garage sales held on premises which are devoted to residential
use which may be regulated by another ordinance.
5. For persons soliciting for a charitable contribution, as long as the
person soliciting charitable funds submits a letter to the City Clerk identifying the
recipient of the funds, fund raising methods and the dates during which the funds
will be collected.
6. For persons advertising or offering goods, wares, merchandise or
services by the hanging of any flyer or handbill on any residence or business
door provided that no contact or attempt at physical or verbal contact is made.
7, For persons advertising or offering goods, wares, merchandise or
services by placing flyers or handbills on vehicles, however, in lieu of a permit,
persons distributing handbills on private property must obtain prior permission of
the property owner. In addition, persons placing the flyers or handbills are subject
to the littering provisions contained in the Uniform Public Offense Code as
adopted by the City of Bel Aire.
8, For federal, state, county or city census takers or political
candidates or their agents.
9. For advertisements and solicitations delivered by the United States
Post Office and newspapers.
10. For persons distributing information for noncommercial purposes or
proselytizing, poll-taking or other similar activity for noncommercial purposes.
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Section 3. Permit Application.
Applicants for a permit under this ordinance must file with the City Clerk a
sworn application, in writing, on a form which will be furnished by the City Clerk,
giving the following information:
1. The name, age and physical description of the applicant.
2. The permanent home address and full local address of the
applicant, including the length of residence at each address.
3.
be sold.
A brief description of the nature of the business and the goods to
4. The name and address of the employer, person, firm, corporation
or association with whom the applicant is employed or whom the applicant
represents and the length of time of such service or representation I together with
any credentials establishing the exact relationship.
5. The length of time for which the right to sell, solicit or peddle is desired.
6. A statement that the applicant understands and agrees that if a
permit is granted, it will not be used or represented in any way as an
endorsement by the City of Bel Aire or by any department or officer of the City.
7. A statement that the applicant has not been convicted of a felony,
misdemeanor or ordinance violation involving force, threat of force, violence,
theft, dishonesty, fraud, sexual misconduct or moral turpitude, or the violation of
any law regulating the act of selling, soliciting or peddling within the past five
years in this state or any other state or subdivision thereof or of the United States.
8. A statement as to whether or not the applicant has ever had a
solicitation permit or registration revoked or suspended under the ordinances of
the City of Bel Aire or any other city,
9. A photograph of the applicant showing the head and shoulders of
the applicant in a clear and distinguishing manner taken within sixty days prior to
the date of filing the application, or a copy of the applicant's driver's license.
10. A description of the motor vehicle, including the make, model,
year, color and registration number if a motor vehicle will be used in the business.
11. In the case of a Transient Merchant, a description of the building,
structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels,
lodging houses I apartments, shops or any street, alley or other place within the
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city, to be used for the exhibition and sale of such goods I wares and
merchandise, either privately or at public auction and how such use complies
with existing zoning and business regulations of the City of Bel Aire.
12. A statement, made under oath, by the applicant which attests to
the truthfulness of all information contained in the application.
Section 4. Permit Fee.
Applicants for a permit under this ordinance shall pay a non-refundable
permit fee of twenty dollars plus five dollars for each agent or person. This fee
shall be paid to the City Clerk at the time the application is filed.
Section 5. Permit Investigation.
The provisions relating to the investigation of the applicant and the
issuance of the permit shall be as follows:
1. The city shall not issue a transient merchant, peddlers or solicitor's
permit to any person who, within the five years immediately preceding the date of
filing an application for the permit, has been convicted of a felony, misdemeanor
or other violation of the laws of the United States or any state or city of the United
States where such conviction was for an offense involving force I threat of force,
violence, theft, dishonesty, fraud, sexual misconduct or moral turpitude or where
such conviction was for violation of the solicitation ordinance of this or any other
city. If, as a result the investigation of the facts or statements made in the
application, it is determined that the applicant has been convicted within the past
five years of an offense which would make the applicant ineligible to obtain a
permit, or the facts stated in the application are found to be untrue, the City Clerk
shall notify the applicant that the application is disapproved and that no permit
will be issued,
2. If the investigation of an applicant discloses that the facts stated in
the application are satisfactory and true, the City Clerk shall immediately issue a
permit to the applicant to engage in the selling, soliciting or peddling described in
the application.
Section 6. Permit Denial Appeal.
1. Upon the city's denial of a permit, the applicant shall have the right
to appeal such action within fourteen days of the denial being mailed to the
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applicant's address as shown on the permit application form, or to the applicant's
last known address.
2. The appeal must be in the form of a written request, setting forth
the grounds for the appeal, which shall be filed with the City Clerk.
3. The City Clerk shall schedule the appeal hearing to take place
during the next ten days, before the City Administrator. Notice of the appeal
hearing shall be given to the appellant in the same manner as provided for in the
mailing of the notice of permit denial.
4. The decision of the City Administrator on the appeal shall be final
and binding on all parties.
Section 7. Permit Renewal.
Unless revoked or suspended prior to expiration, permits issued under this
ordinance shall be valid for thirty days except for transient merchant and ice
cream street vending permits which shall be valid for ninety days. A new
application and permit fee will be required any time a permit expires.
Section 8. Regulations.
1. It is unlawful for any transient merchant, solicitor or peddler to
engage in such business within the corporate city limits without first obtaining a
permit.
2. It is unlawful for any person to sell, solicit or peddle prior to 9:00
a.m. or after 8:00 p.m, on any day of the week.
3. It is unlawful for any person to ring a bell, knock on a door, or
otherwise attempt to gain admittance for the purpose of selling, soliciting or
peddling at a residence dwelling at which a sign bearing the words "No
Solicitors," or "No Trespassers," or words of similar import indicating that such
persons are not wanted on the premises, is either painted, affixed or otherwise
exposed to public view. This subsection shall not apply to any solicitor or peddler
who gains admittance to such a residence at the invitation or with the consent of
the occupants thereof.
4. It is unlawful for any person to sell or offer for sale goods, wares, or
merchandise from vehicles on any public street of the city; provided, that this
prohibition shall not include deliveries of goods, wares, merchandise or foods
made on a regular route to regular customers. This prohibition shall also not
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include ice cream vending with a valid permit issued pursuant to this ordinance.
5. It is unlawful for any person to shout I make any outCry, blow a horn,
ring a bell or use any sound device or musical instruments, make any loud
speaking radio or sound amplifying system, on any streets, alleys, parks or other
public places of the city or on any private premises in the city where sound of
sufficient volume is emitted or produced therefrom to be capable of being plainly
heard on the streets, avenues, alleys, parks, or other public places, for the
purpose of attracting attention to any goods, wares, merchandise which such
person holding the permit proposes to sell; however, this section shall not apply
to ice cream vendors.
6. It is unlawful for any person to engage in selling, soliciting or
peddling upon any premises or in any dwelling, house, apartment, or other
residence after having been asked by the owner or occupant thereof to leave the
premises or residence.
7. It is unlawful for any person to make more than one call at the
same residential premises for identical goods I services, or contributions, within
any consecutive thirty-day period, without receiving a prior invitation from the
occupants of the premises. This provision shall be construed to include
solicitation or peddling upon the same premises by employees, agents, or other
persons acting on behalf of the same person more than once during the said
thirty day period without a prior invitation as provided herein.
8. It is unlawful for any person to sell I solicit or peddle in such a way
as would restrict or interfere with the ingress or egress of the abutting property
owner or tenant, increase traffic congestion or delay, or constitute a hazard to
traffic, life or property, or an obstruction to adequate access to fire, police or
sanitation vehicles.
9. It is unlawful for any transient merchant, solicitor or peddler to fail to
provide, at the request of the purchaser, a written receipt for purchases
exceeding five dollars in cash or tangible property. Such receipt shall be signed
by the person making the sale and shall briefly describe the goods or services
sold and state the purchase price, amount of cash payment, if any, the balance
due and the terms of payment.
10. It is unlawful for any transient merchant, solicitor or peddler to fail to
disclose to the prospective buyer or donor his or her name and the name of the
company, product or organization he or she represents at the outset of the initial
conversation.
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11. It is unlawful for any person to make any assertion, representation
or statement which misrepresents the purpose of the call, or use any plan or
scheme which misrepresents such purpose.
12. It is unlawful for any person to use or represent a permit issued
pursuant to this ordinance as an endorsement by the City of Bel Aire or by any
department or officer of the City of Bel Aire.
13. It is unlawful for any person to sell or solicit or attempt to sell or
solicit or peddle at a place of residence at any entrance other than the main
entrance of the residence.
14. It is unlawful for any person to loan, transfer, or allow in any
manner another person the use of a solicitor permit.
15. It is unlawful for any person to sell or solicit or attempt to sell or
solicit or peddle without carrying a valid permit and exhibiting it upon request of
any resident or officer of the City of Bel Aire.
Section 9. Permit Suspension and Revocation.
Upon complaint and good cause, the Chief of Police is authorized to
suspend any permit issued under this ordinance for up to ten days, until a hearing
by the City Administrator. The City Administrator, upon hearing of the matter, with
notice to the person holding the permit, at his or her last known address, affording
the person holding the permit an opportunity to be heard, may permanently
revoke or cancel such permit or terminate the suspension and order a return of
the permit.
"Good cause" means and includes any reason for which the permit could
be refused by the City Clerk in the case of an original application and any other
violation of the provisions of this ordinance; provided further, that any criminal
conviction of the person holding the permit by the Municipal Court of the City of
Bel Aire shall also be considered good cause.
Section 10. Penalty.
Any person violating any provision of this ordinance shall, upon conviction
thereof by the Municipal Court of the City of Bel Aire, be fined in an amount not to
exceed five hundred dollars plus court costs or be imprisoned for a period not to
exceed thirty days, or be both fined and imprisoned.
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Section 11, Repeal
Ordinances Number 50 and 51 are hereby repealed.
Section 12. Effective Date
This Ordinance shall take effect and be in force from and after its
publication in the official city newspaper.
Passed by the City Council this .5 d. day of ().IM-..{ I 2001.
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Approved by the Mayor this .5';t/. day of rJu-n.( I 2001,
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