Article III: Peddlers
7-3-1 LICENSE REQUIRED. It shall be unlawful for any person to engage in the business of hawker or peddler of any merchandise, article or thing, without having first secured a license therefore.
7-3-2 DEFINITION. “PEDDLE” shall mean the selling, bartering, or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways, or public places of this municipality or from house to house, whether at one place thereon or from place to place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind, but shall not include the delivery of any item previously ordered, or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall “peddle” be taken to include the solicitation of orders by sample where the goods are not delivered at the time the order is taken.
7-3-3 APPLICATIONS: A person desiring a license may obtain the same by making application with the Chief of Police and providing the following information:
(A) Name and physical description of applicant.
(B) Permanent home address and the local address if operating from such an address.
(C) A brief description of the business and of the goods to be sold.
(D) Name and address of the employer, if any.
(E) The length of time for which the right to do business is desired.
(F) Evidence that the agent is acting on behalf of the corporation he represents.
(G) Statement of the applicant’s criminal record other than a traffic record.
(H) The last three municipalities where the applicant carried on business immediately preceding the date of application and the address from which such business was conducted in those municipalities.
7-3-4 INVESTIGATION OF APPLICANTS. Upon receipt of each application, the Chief of Police, shall investigate the business and moral character of the applicant. If the facts show the applicant unfit to receive the license, then it shall be denied.
7-3-5 HOURS. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Code or not, to engage in peddling as herein defined, prior to 9:00 a.m. or after 4:00 p.m. of any weekday, or at any time on a Sunday or on a state or national holiday
7-3-6 FRAUD. No licensed peddler shall be guilty of any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in this municipality, or shall barter, sell or peddle any goods or merchandise or wares other that those specified in his application for a license.
7-3-7 PHOTIGRAPHS. Two photograph of the applicant and such of its employees as will be used in the peddling or merchandising, taken with 60 days immediately prior to the filing of the application with pictures shall be 2×2 showing the head and shoulders of the applicant or its agents and/or employees in a clear and distinguishing manner.
7-3-8 UNWANTED PEDDLING. Nothing contained in this Chapter, nor the issuance of any license hereunder shall entitle the licensee to go in or upon any private residence for the purpose of peddling if such licensee, his agents or employees are directed to depart from said private residence by the owner or person in charge thereof.
7-3-9 PEDDLERS AS NUISANCE. The practice of going in and upon private residences, business establishments or offices in the Village by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences, business establishments, or offices for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance and punishable as a violation of this Code.
7-3-10 DUTY OF POLICE TO ABATE. The Police Department of the Village is hereby required and directed to suppress the same and to abate any such nuisance as described in Section 7-3-9.
7-3-11 PEDDLERS NOT NUISANCE. The provisions of this Article shall not apply to persons employed or representing an established merchant, business firm, or corporation located and regularly doing business in the Village or to farmers selling any food items raised or produced by themselves, and/or to permanently established residents who are voters in the Village or anyone duly licensed.
7-3-12 FEES. The license fees per person to be charged for licenses to peddle in the Village, each payable in advance, are hereby fixed and established as follows:
(A) Per day ………….$10.00
(B) Per year …………$50.00
7-4-1 GARAGE SALES & YARD SALES:
DEFINITION: For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARAGE OR YARD SALES: Include all sales entitled “garage sale”, “attic sale”, “rummage sale”, “flea market sale”, “yard sale”, or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS: Include any goods, warehouse merchandise, or other property capable of being the object of a sale regulated hereunder.
PERSON: Includes individuals, partnerships, voluntary associations, and corporations. (1969 Code, 15-176).
FREQUENCY AND LENGTH: It shall be unlawful for any person to conduct a garage sale in the city more than 5 times within a 12-month period; and no garage sale shall be held for more than 3 consecutive calendar days. It is specifically prohibited to sell at a garage sale any items purchased for resale. (1969 Code, 15-177).
EXCEPTIONS: The provisions of this subchapter shall not apply to or affect the following persons or sales:
(A) Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
(B) Persons acting in accordance with their powers and duties as public officials; or
(C) Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed 5 in number. (1969 Code; 15-178)
This ordinance was passed and duly adopted by the Village of Kansas by unanimous vote on May 21, 2008.
Robert Walker, President
Pam Shaffer, Village Clerk