For the purposes of this article, solicitor or peddler means any individual, whether a resident of the city or not, whose business or trade is mainly or principally by traveling by foot, automobile, or by any other type of conveyance, from place to place or from house to house, and entering without invitation upon residential private property to sell, take or attempt to take Orders of sale of goods, merchandise, and personal property of any nature whatsoever, or for services to be furnished or performed. This definition shall not include any person or persons representing any recognized charitable, education or eleemosynary institution or organization having representatives in the city, or any person selling, taking Orders or attempting to take Orders for sale of goods, merchandise, and personal property of any nature whatsoever, or for services to be furnished or performed within a district zoned for business.
This chapter is intended to protect against criminal activity, including fraud and burglary; minimize the unwelcome disturbance of citizens and disruption of privacy; and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing door-to-door peddlers, solicitors and ice cream street vendors.
As used in this chapter, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
Goods means any goods, wares, foodstuffs, merchandise or services offered for sale, whether or not displayed. This does not include frozen dairy and non-dairy desserts offered for sale by ice cream street vendors.
Ice cream street vendor means a person who travels by any type of vehicle, either motorized or not, upon the improved portion of any street, selling or offering for sale any single-serving frozen dairy or non-dairy dessert.
Peddler means any person who goes upon the premises of any private residence in the city, 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 does not include ice cream street vendors or businesses temporarily located on private property who are required to obtain a temporary use permit.
Peddling includes all activities ordinarily performed by a peddler as indicated under the definition of “peddler” in this section.
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 in the future.
Soliciting includes all activities ordinarily performed by a solicitor as indicated under the definition of “solicitor” in this section.
Any person over the age of eighteen (18) years shall be entitled to a solicitor’s or peddlers license upon proper application to the City Clerk with satisfactory evidence of the relation to or connection with the person, firm, company or corporation represented or served, the nature, kind or character of such service, business or enterprise, the character and reputation of such person for business integrity and responsibility in the performance of contracts for delivery of goods and merchandise or performance of services solicited, and such other information as may be required by the license application. All such licenses shall be valid for a period of 6 months from date of issue.
No person under the age of eighteen (18) years shall be permitted to engage in peddling or soliciting activities except as provided in this section.
(a) A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or soliciting activities involving, in whole or in part, a sales force of one (1) or more persons under eighteen (18) years of age.
(b) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling or soliciting under the sponsor’s permit.
The City Clerk shall be satisfied that the applicant therefore is qualified under this article prior to the issuance of such license. Each applicant shall complete a sworn application in writing prepared in duplicate on a form to be supplied by the City Clerk which shall include the following information:
(a) Name and description of applicant to be provided through the applicant’s driver’s license, or other legally recognized form of identification.
(b) Permanent home address and local address of applicant
(c) A brief description of the nature of the business to be conducted or the goods to be sold
(d) The length of time such applicant has been engaged in said business
(e) If employed, the name and address of the employer, together with credentials establishing such relationship desired
(f) The hours for which the permit to engage in peddling or soliciting is
(g) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced
(h) The place where such goods or products are located at the time the application is filed, and the proposed method of delivery
(i) A photograph of the applicant, taken within ninety (90) days prior to the date of making application, which picture shall be at least 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 said applicant may be taken by the Police Chief and filed with the application
(j) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any city ordinance, giving the nature of offenses, the punishment assessed therefore, if any, and the city and state where conviction occurred.
(k) Kansas sales tax number or proof of exemption from the collection of Kansas sales tax
(l) Proof of possession of any license or permit which the applicant is required to have under state law in order to conduct the proposed business.
(m) An acknowledgment of the applicant’s familiarity with the Kansas Consumer Protection Act (K.S.A. 50-623 et.seq.), including the consumer’s right to cancel a door-to- door sale, as defined in the act, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase.
(n) If any individual product or service is to be offered for sale at a price of twenty-five dollars ($25.00) or more, a copy of the receipt or contract to be used by the applicant in any door-to-door sale as required by K.S.A. 50-640
(o) An acknowledgment that the applicant is aware and understands that to violate the operating regulations set forth in this article while either peddling or soliciting is prohibited.
(p) The same information, including proper identification and background check shall be required for every person who is employed by or soliciting or peddling for the permit applicant.
At the time of filing the application, a fee of twenty-five dollars ($25.00) shall be paid to the City Clerk to cover the cost of investigation of the facts stated in the foregoing application.
The following procedure shall be followed upon the receipt of an application:
(a) The City Clerk shall refer the same to the Police Chief, who shall cause an investigation of the facts stated therein to be made within not to exceed five (5) 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 Police Chief shall endorse on such application the findings and disapproval of the application with the reasons for the same, and shall return the application to the City Clerk, who then shall notify the applicant that the application is disapproved and that no license will be issued.
(c) If the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the Police Chief shall endorse the findings and approval on the application and return the same to the City Clerk, who shall immediately issue a license to the applicant to engage in the business described in the application. Such license shall show the name, address and photograph or fingerprint of said licensee, the kind of goods to be sold or services rendered, the date of issuance, and the length of time the license shall be effective.
It is unlawful for any solicitor to transact business in this city, unless such solicitor shall first comply with the requirements of this article.
Any person violating this article shall upon conviction be fined a sum not to exceed five hundred dollars ($500.00) or imprisoned for a term not to exceed six (6) months, or both so fined and imprisoned.
(a) Hours of Peddling or Soliciting. No person shall engage in either peddling or soliciting between the hours of 9:00 p.m. and 8:00 a.m.
(b) Primary Entrance. It shall be unlawful for any person while either peddling or soliciting to knock, ring the doorbell, or otherwise attempt to gain the attention of the occupant(s) of the residence other than at the primary entrance to the residence.
(c) Entry Upon Signed Premises Unlawful. It shall be unlawful for any person while either peddling or soliciting to knock, ring the doorbell, or otherwise attempt to gain the attention of the occupant(s) of a residence in the city where the owner, occupant, or person legally in charge of the premises has posted, at the primary entrance to the premises, or at in the entry to the principal building on the premises, a sign bearing the works “No Solicitors,” “No Peddlers,” or words of similar import.
(d) Aggressive Peddling or Soliciting Prohibited. It shall be unlawful for any person to engage in peddling or soliciting in an aggressive manner. As used in this section, “aggressive manner” means either approaching a person present at the residence or continuing the peddling or soliciting activity after the person has made a negative response, whether before or after being invited into the residence, in a manner that:
(1) is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession or in or about the residence, or
(2) is intended to or is likely to intimidate the person into responding affirmatively to the peddling or soliciting activity. Aggressive peddling or soliciting is a Class B misdemeanor.
(e) Sales from Vehicle on Improved Public Streets. It shall be unlawful for any person to engage in peddling or soliciting activities from any vehicle while the vehicle is located upon the improved portion of any street, avenue, boulevard or alley within the city. This section shall not apply to the following:
(1) The delivery of previously ordered merchandise.
(2) The sale of ice cream from vehicles regulated under Section 3-810 of this chapter.
(a) Licensing. It is unlawful for any person to act as an ice cream street vendor as defined by Section 3-801b without first having obtained a license as provided for in Section 3- 802 of this chapter.
(b) Operating Regulations.
(1) Liability Insurance. There shall be filed with the city clerk a certificate of insurance covering all vehicles operated under this article in such form as the city clerk may deem proper, issued by an insurance company approved by the state insurance commissioner and authorized to do business in the state, insuring the public against injury, loss or damage resulting to persons or property from the use, maintenance and operation of any vehicle operated under this article for which such permit is granted, in an amount of not less than fifty thousand dollars ($50,000.00) for injury to any one (1) person and an amount of not less than one hundred thousand dollars ($100,000.00) for injury to all persons injured in any one (1) occurrence; and property damage not less than ten thousand dollars ($10,000.00) per each occurrence.
(2) Operator’s License Required. No person shall operate any vehicle under this article unless the person is the holder of a valid motor vehicle operator’s license.
(3) Unauthorized passengers. No person, other than the authorized operator of a vehicle and other persons expressly authorized by the owner or lessee of a vehicle, shall be in or upon said vehicle.
(4) Inspection of Vehicle. Each vehicle used in the operation of an ice cream street vendor shall be required to pass an annual inspection by the appropriate state or local health agency and the department of general services before a license may be issued or renewed. Any vehicle that has been inspected by the city within ninety (90) days prior to renewal need not be reinspected.
(5) Hours of Sale. It is unlawful to operate a vehicle in the business of an ice cream street vendor between 8:30 p.m. of each day and continuing until 10:00 a.m. the following day.
(6) Routes. It is unlawful for any vendor to sell or attempt to sell along any particular route more than three (3) times during a twenty-four period.
(7) Sales Near Schools. It is unlawful for a transaction to occur within one hundred twenty-five (125) feet from the boundaries of public or private school property for a period commencing thirty (30) minutes before the regular school day of any such school and continuing until thirty (30) minutes after the adjournment of the regular school day of any such school.
(8) Speed of Vehicle. It is unlawful for any such vehicle to exceed a speed of fifteen (15) miles per hour when cruising neighborhoods seeking sales or when attempting to make a sale.
(9) U-Turns. It is unlawful for any such vehicle to make a U-Turn on any block.
(10) Driving Backwards. It is unlawful for any such vehicle to drive backwards to make or attempt any sale.
(11) Sound Devices. No sound device or bell shall be allowed or used by any such vehicle except that amplified music or chimes are allowed provided that such are not audible any distance greater than three hundred (300) feet and that they be turned off when the vehicle is stationary for the purpose of making sales or otherwise; provided, that the use of amplified music or chimes is prohibited before 10:00 a.m. and after 8:30 p.m. of each day.
(12) Marking and Lighting on Vehicle. It is unlawful for any such vehicle to be operated unless there is clearly marked upon such vehicle a prominent sign visible to both the front and rear with the wording “Caution Children,” and one or more flashing amber caution lights visible from front, rear and both sides.
(13) Parking to Dispense Products. It is unlawful for an operator to stop, stand or park such vehicle in any street, alley, avenue, boulevard or sidewalk or other public right-of-way for the purpose of dispensing its products to customers, so as to obstruct the free flow of traffic in the street; provided that an operator may stop, stand or park such vehicle with its right wheels next to the curb, but that no vehicle will remain standing in any one location for a period exceeding ten (10) minutes.
(14) Selling Near an Intersection. It is unlawful for the operator of any such vehicle to dispense its products within fifty (50) feet of any street intersection.
(15) Vehicle Stationary During Sale. Every vehicle shall be stationary while in the process of selling or dispensing its products while upon a public street, alley, avenue, boulevard or other public right-of-way within the city.
(16) Sales from Vehicle. It is unlawful for any operator to sell to any person who is standing in the street. All sales must occur on the side of the vehicle next to the curb.
(17) It is lawful to dispense products in city parks, provided that it is unlawful for any such vehicle to operate or to dispense products while located within two hundred fifty (250) feet of the swimming pool in Eisenhower Park.
(c) Suspension, Revocation, Appeals.
(1) Permit and License Suspension or Revocation. Any permit or license issued under this chapter may be revoked or suspended by the city manager, after notice and hearing, for any of the following reasons:
(A) Fraud, misrepresentation or false statement contained in the application for a permit or license;
(B) Fraud, misrepresentation or false statement made by the permittee in the course of peddling, soliciting or vending;
(C) Peddling, soliciting or vending in violation of this chapter or contrary to the provisions contained in the permit or license;
(D) Conviction for any crime involving moral turpitude; or
(E) Peddling, soliciting or vending in such a manner as to create a public nuisance, constitute a breach of the peace, endanger the health, safety or general welfare of the public, or otherwise in violation of local, state or federal law.
The city manager may immediately suspend any permit or license, pending the suspension or revocation hearing, if the public health, safety, or welfare is best served by such a temporary suspension.
(d) Notice and Hearing. Notice of a hearing for suspension or revocation of a permit or license issued pursuant to this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed suspension or revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee or licensee at the address shown on the permit application or at the last known address of the permittee or licensee.
(1) Any person aggrieved by the decision of the city clerk to deny a permit or license applied for under this article shall have the right to appeal the decision to the city manager within ten (10) days after the notice of the decision has been mailed to the person.
(2) Any person aggrieved by the action or decision of the city manager to deny, suspend or revoke a permit applied for under this article shall have the right to appeal such action or decision to the City Commission within ten (10) days after the notice of the action or decision has been mailed to the person.
(3) An appeal to either the city manager or City Commission shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal.
(4) A hearing shall be set not later than ten (10) working days from the date of receipt of the appellant’s written statement.
(5) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
(6) The decision of the City Commission on the appeal shall be final and binding on all parties concerned.
(f) Penalty. Unless otherwise stated, any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by section 3-807 of this article.
(Ord. 2996; Ord. 3004)
(a) Purpose. The Governing Body finds that, in order to advance the health, safety and welfare of the residents of the City of Abilene, Kansas, it is necessary to regulate various activities, including those of Mobile Food Vendors.
(b) Definitions. The following words, terms and phrases, when used in this Article, shall, except where the context clearly indicates otherwise, have the following meanings:
(1) “City Clerk” for the purpose of this Article, shall mean the City Clerk, the Interim City Clerk, anyone fulfilling the duties of the City Clerk on either a temporary or a permanent basis, or any designee of the City Clerk.
(2) “Mobile Food Vendor” shall mean any person, corporation, association, or other entity, however organized, that offers food and/or beverage for sale from a Mobile Food Unit.
(3) “Mobile Food Unit” shall mean any self-contained vehicle, trailer, cart, or other type of conveyance from which food and/or beverage is offered for sale.
(4) “City Approved Event” shall mean any event sanctioned by Permit issued by the City, including but not limited to a Temporary Special Event Permit, a Temporary Use of Public Right of Way Permit, or a Parks and Recreation Special Use Permit.
(c) Mobile food vendor’s license required. No person, corporation, association, or other entity, however organized, shall operate within the corporate limits of the City as a Mobile Food Vendor without first obtaining a valid Mobile Food Vendor’s License.
(d) Mobile food vendor’s license fee. The application fee for a Mobile Food Vendor’s License is $200.00. The fee shall not be pro-rated or refunded for any reason, including denial of an application or revocation of a license.
(e) Mobile food vendor’s license application. Application for a Mobile Food Vendor’s License shall be made to the City Clerk on a form provided by the City Clerk for that purpose. In addition to paying the Mobile Food Vendor’s License Fee, the applicant shall attest to the truthfulness of the application and shall complete the application in full, providing the following information:
(1) The applicant’s full legal name, date of birth, place of birth and Social Security Number.
(2) The applicant’s permanent address, business mailing address and telephone number.
(3) A copy of the applicant’s government-issued photo identification.
(4) The applicant’s valid Kansas sales tax number
(5) A brief description of the nature of the business and the food and/or beverage to offered for sale.
(6) A photograph of each Mobile Food Unit and, if licensed, the license plate number of each Mobile Food Unit.
(7) A copy of a valid State of Kansas license for food service establishments, if such is required.
(8) Proof of general liability insurance in the amount of $500,000.00 or more.
(9) A statement indicating whether or not the applicant has had a Mobile Food Vendor’s License, or any similar license, revoked in this jurisdiction within the preceding two (2) years.
(10) The applicant’s signature.
(f) Mobile food vendor’s license issuance; denial.
(1) The City Clerk shall review each application for a Mobile Food Vendor’s License. Within five (5) business days of the application, the City Clerk shall approve the application and shall issue to the applicant a Mobile Food Vendor’s License together with an official copy for each Mobile Food Unit identified in the application unless:
(A) The application is incomplete.
(B) The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement.
(C) The applicant has had a Mobile Food Vendor’s License revoked by the City for any reason within the preceding two (2) years.
If the application is deficient for any of the reasons set forth in subsection (f), then the City Clerk shall deny the application by giving Notice of Denial to the applicant. Notice of Denial shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the applicant the reason for denial, and shall inform the applicant that he or she has fourteen (14) days from the date of the Notice of Denial in which to appeal the denial of the application to the Governing Body. The City Clerk shall maintain a copy of the Notice of Denial in his or her files.
(g) Mobile food vendor’s license appearance; duration
(1) The Mobile Food Vendor’s License shall contain the seal of the City, the name of the licensee, and the expiration date of the license.
(2) The Mobile Food Vendor’s License shall be valid for a period not to exceed one year and shall expire on December 31 of the year in which it is issued.
(h) Mobile food vendor’s license subsequent mobile food unit.
In the event that a license Mobile Food Vendor begins using a Mobile Food Unit that was not identified in an application for the Mobile Food Vendor’s License, the Mobile Food Vendor shall, before using said Mobile Food Unit, present to the City Clerk a photograph of the Mobile Food Unit, the license plate number, if licensed, and a copy of the original Mobile Food License. Upon receipt of that information, the City Clerk shall issue to the licensee an official copy of the Mobile Food License for the new Mobile Food Unit.
(i) Mobile food vendor’s license displayed.
Mobile Food Vendors shall display the Mobile Food Vendor’s License in a prominent place on a Mobile Food Unit at all times that the Mobile Food Unit is engaged in any of the activities licensed by this Article.
(j) Mobile food vendor’s license non-transferable.
No Mobile Food Vendor’s License issued in accordance with the provisions of this Article shall be used by any person other than the person, corporation, association, or other entity, however organized, to whom it was issued.
(k) Mobile food vendor’s license restrictions.
(1) Mobile Food Vendors shall obtain the permission of the property owner before engaging in any activities licensed by this Article.
(2) Mobile Food Vendors may only engage in activities licensed by this Article on improved surfaces in commercial, industrial, and nonresidential special purpose zoning districts as defined in Chapter 3, Article 8 of the code of the City of Abilene.
(3) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a public right of way, except as part of a City Approved Event.
(4) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from any unoccupied or vacant lot, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (7) of this Section.
(5) No more than two (2) Mobile Food Units may be operated at the same time on any single property, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (7) of this Section.
(6) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a single property for more than three (3) hours out of every day, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (7) of this Section.
(7) The City may approve a Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of a site only when the following conditions are met:
(A) The owner must submit to the City, for its approval, a standard Site Plan showing, among other things, the location on the site of Mobile Food Vendors as either a permanent or seasonal element of the site;
(B) The proposed Site Plan must meet all requirements of the Zoning Code of the City of Abilene, as amended, and the provisions of this Article.
(l) Mobile food unit standards.
All Mobile Food Units shall comply with the following standards:
(1) All Mobile Food Units shall be maintained in good, operable condition and shall, at all times, be capable of being moved.
(2) The exterior of all Mobile Food Units shall be maintained in good repair, shall be sound, shall be free from peeling or flaking paint, and shall be clean and sanitary so as not to pose a threat to the public health, safety and welfare.
(3) All Mobile Food Units, unless completely self-contained, shall be located in close proximity to and shall be connected safely to electricity and other necessary utilities, such that they do not pose a threat to the public health, safety, and welfare.
(4) Signs shall be limited to those that may be mounted or incorporated on the Mobile Food Unit. Signs shall not exceed the dimensions of the Mobile Food Unit by more than one (1) foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, provided that the signs are only illuminated when the Mobile Food Unit is stationary, that such signs are only illuminated during hours that the Mobile Food Unit is being operated, and that any such signs, within five hundred (500) feet of any traffic signal, are not green, amber, or red in color. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building or into any residential neighborhood or street.
(m) Mobile food vendor’s license revocation.
(1) The City Clerk may revoke any Mobile Food Vendor’s License issued under this Article for one or more of the following reasons:
(A) Fraud, misrepresentation, or false statement contained in the application for the Mobile Food Vendor’s License;
(B) Any violation of the provisions of this Article;
(C) Conducting a licensed activity in an unlawful manner, in a manner that disturbs the peace, or in a manner that is injurious to the health, safety, or welfare of the residents of the City;
(D) Unauthorized use of a public right of way;
(E) Violation of a site plan requirement for an existing land use or for any other violation of the zoning code; or
(F) Revocation or denial of any license issued by the State of Kansas for food service establishments.
(2) Notice of Revocation shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the licensee of the reason for revocation, and shall inform the licensee that he or she has fourteen (14) days from the date of the Notice of Revocation to appeal the revocation to the Governing Body. The City Clerk shall maintain a copy of the Notice of Revocation in his or her files.
(n) Mobile food vendor’s license appeal.
Any person aggrieved by the action of the City Clerk in denying an application for a Mobile Food Vendor’s License or in revoking a Mobile Food Vendor’s License shall have the right to appeal that action to the Governing Body. Such appeal shall be taken by filing with the City Clerk a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or the Notice of Revocation. The Notice of Appeal must be in writing and must set forth why the applicant or the licensee believes that the denial or the revocation is erroneous. After the Notice of Appeal is filed, the Governing Body shall set a time and place for hearing the appeal. Notice of the hearing shall be given to the applicant or licensee in the same manner as the Notice of Denial or the Notice of Revocation. The Governing Body’s decision and order on such appeal shall be the final order of the City.
(o) Mobile food vendor’s license municipal offense.
Operating as a Mobile Food Vendor without a Mobile Food Vendor’s License shall be a municipal offense. Any person, upon an adjudication of guilt or the entry of a plea of no contest, shall be subject to a fine of a minimum of $500.00 and a maximum of $1,000.00. The municipal court judge shall have no authority to suspend all or any portion of the minimum fine.
(p) Mobile food vendor’s license exemptions.
The provisions of this Article shall not apply to the following activities:
(1) Ice cream vendors licensed under Article 8, Chapter 3 of the City of the City of Abilene.
(2) Vendors selling at the Dickinson County or Abilene Fairgrounds.
(3) Vendors selling at the Farmers’ Market.
(4) Vendors selling on school campuses.
(5) Vendors selling as part of a City Approved Event.