For the purpose of this article, the following terms, phrases, words and their derivations shall have the following meanings

(a)   Solicitor shall mean anyone seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, books, magazines, newspapers and every other type of periodical, services of any kind or character, or description for any kind of consideration. 

(b)   Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

(Ord. 1344; Ord. 1587)

(a)   It shall be unlawful for any person, firm or corporation to engage in the business of a solicitor without having in force and in his/her possession, a valid license to engage in such business as hereinafter provided. 

(b)   It shall be unlawful for any person acting as a solicitor to solicit or contact any person at a residence which has posted a sign within reasonable view of such residence front doorway stating “no solicitation”, “no solicitors”, or similar language.

(Ord. 1344; Ord. 1587)

(a)   A license to engage in any of the businesses specified in the preceding Section will be applied for with a form provided by the City Clerk, a color copy of the applicants driver’s license or State issued I.D., a Kansas Sales Tax certificate, and appropriate license fee.  Incomplete applications will not be accepted.

(b)   The City Clerk shall refer the application to the Chief of Police who shall cause an investigation of the facts stated.  The City Clerk will advise the applicant of approval or denial within ten (10) business days of application.  Such license is non-transferable, valid only on the day or days for which it is issued and must be in possession of the applicant while soliciting. 

(Ord. 1344; Ord. 1587)

(a)   The fee for the license required by Section 5-101 shall be ten dollars ($10) per day or one-hundred dollars ($100) per year.

(b)   A daily license may renewed without an investigation within thirty (30) days from the date of the original issuance of the license. 

(c)   No license fee will be required of groups or organizations which are non-profit in nature such as the Boy Scouts, Girl Scouts, church groups, and school groups.

(d)   No license fee will be required of producers and growers or their agents or employees engaged in the sale of farm or garden product or fruits grown within the State of Kansas. 

(Ord. 1344; Ord. 1587)

(a)   For application of this section each solicitation at each residence within the City limits shall be construed as a separate violation.  The Chief of Police may revoke any license issued for fraud, misrepresentation or false statement contained in the application for license, statement made in the course of soliciting, conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the City residents.

(b)   Any person aggrieved by the action of a denial of application or revocation of license shall have the right of appeal.  Such appeal must be filed with the City Clerk within 14 days of the denial or revocation.  The governing body shall set a time and place for a hearing and the decision made by the governing body will be final and conclusive.  

(Ord. 1344; Ord. 1587)

(a)   It shall be the duty of any police officer to require any person engaged in the activities defined in this article, who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provision of the article against any person found to be violating the same.

(b)   Any person who shall fail or refuse to comply with the provision of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) and/or incarcerated in the Butler County Jail for not more than thirty (30) days.

(Ord. 1344; Ord. 1587)