(Ord. #2968 10/02)
For the purposes of this article, the following words and phrases shall mean:
(a) Person means any individual, corporation, partnership, association or other entity.
(b) Temporary or transient business means any business conducted for the sale or offer for sale of goods, wares, merchandise or services which is carried on in any building, structure, motor vehicle or railroad car, or on any real estate, for a period of less than three (3) months in each year.
(c) Transient merchant means any person who engages in, does or transacts any temporary or transient business in the city, either in one locality or in traveling from place to place in the city, and includes merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate.
The provisions of this article shall not apply to the following:
(a) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business
(b) Sales or displays at trade shows, expositions or conventions
(c) Sales of goods, wares or merchandise by sample catalogue or brochure for future delivery
(d) Sales or displays at fairs, conventions or shows operated primarily for purposes of amusement, entertainment, recreation or education
(e) Sales or displays at sales, fairs, auctions or bazaars operated by church, religious or charitable organizations
(f) Garage sales held on premises devoted to residential use
(g) Sales or displays at 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
(h) Sales of agricultural products, farm, garden or aquacultural products.
(i) Sales to the owner or legal occupant of residential premises, at such premises pursuant to an invitation issued by such owner or legal occupant
(j) Sales or displays at sales, bazaars or concessions sponsored or operated by public or private schools or educational institutions
(k) Sales of paraphernalia used in the celebration of any nationally recognized holiday
(l) Sales or displays at fairs or expositions sponsored by the state, a county or another governmental entity or a convention or tourism committee created pursuant to either K.S.A. 12-1695 or 12-16,101, and amendments thereto
(m) Sales or displays at sales, exchanges or shows of collectibles or hobby or investment items of personal property, including but not limited to pets, gems and minerals, stamps, coins, photographs and photographic equipment, guns and belt buckles.
(n) Sales or displays in connection with and at the site of, athletic tournaments, events, contests or expositions
(o) Events sponsored by nonprofit organizations
(p) Occasional accessory business uses operated in conjunction with a legally conforming business located in the city, provided the business owner shall obtain a temporary business permit and pay a $50.00 processing fee at the office of the City Clerk.
The exemptions provided by section shall apply regardless of whether the transient merchant is sponsoring or operating the activity giving rise to the exemption or is participating in the activity as a seller or exhibitor. A transient merchant not otherwise exempted from the provisions of this act shall not be relieved or exempted from the provisions of this act by reason of temporary association with any local dealer, auctioneer, trader, contractor or merchant or by conducting temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.
(Ord. 2934; Ord. 3038)
Any person desiring to transact business in this city as a transient merchant shall make application for and obtain a license. An application fee in the amount of fifty dollars ($50.00) shall be paid to the City Clerk at the time of the filing of an application for a transient merchants license. The maximum fee chargeable to any one transient merchant shall be one hundred dollars ($100.00) per year. The application for license shall be filed with the City Clerk and shall include the following information:
(a) The name and permanent address of the individual or transient merchant making the application and, if the transient merchant is not an individual, the names and addresses of the offices of the corporation or the members of the partnership, association or other entity, as the case may be.
(b) If the applicant is a corporation, a statement of the date of incorporation, the state of incorporation and, if the applicant is a corporation formed in another state, the date on which such corporation qualified to transact business as a foreign corporation in this state.
(c) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business, and the location of such proposed place of business.
(d) If the applicant is not a resident of the State of Kansas, the name and permanent address of the transient merchant’s registered agent or office with a copy of the agreement of the registered agent designated by the applicant, as provided by K.S.A. 19-2237 and amendments thereto.
Prior to issuance of said license, the application shall be reviewed as necessary by the Abilene Police Department. Upon approval of the application by the City Clerk, within a period not to exceed five (5) working days, a ninety (90) day license shall be issued.
The City Clerk shall design and cause to be printed appropriate forms for applications for licenses and for the license certificates to be issued to applicants under this article.
It is unlawful for any transient merchant to transact business in this city, unless such merchant and the owners of any goods, wares or merchandise or the providers of any services to be offered for sale or sold by the merchant, if such are not owned or provided by the merchant, 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.