[HISTORY: Adopted by the City Commission
of the City of Parsons 4-1-1996 by Ord. No. 5725. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 520.
When used in this chapter, the following words,
terms, and phrases, and their derivations, shall have the meanings
ascribed to them in this section, except where the context clearly
indicates a different meaning:
Includes any public or privately owned vehicle, method or
means of transporting people, bicycle, motorized or nonmotorized vehicle,
handcart, pushcart, lunch wagon or any other device or thing, whether
or not mounted on wheels.
Includes but is not limited to fruits, vegetables, farm products
or provisions, dairy products, fish, game, poultry, meat, plants,
flowers, appliances, wearing apparel, jewelry, ornaments, art work,
cosmetics and beauty aids, health products, medicines, household needs
or furnishings, food of any kind, whether or not for immediate consumption,
confections or drinks.
Any vehicle used for displaying, storing, or transporting
articles for sale by a vendor which is required to be licensed and
registered by the State Department of Motor Vehicles of any state.
Includes all City-owned parks and City-owned property within
street rights-of-way, including any roadways and sidewalks.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the areas surrounding and immediately adjacent to public buildings.
Any wheeled vehicle approved by the City Clerk in accordance
with this chapter designed for carrying property and for being pushed
by a person without the assistance of a motor or motor vehicle.
All that area legally open to public use as a pedestrian
public way between the curbline and the legal building line of the
abutting property.
Any occasion, including but not limited to fairs, shows,
exhibitions, City-wide celebrations, and festivals, taking place within
a specifically defined area of the City of Parsons for a period of
time not to exceed three days.
Any showcase, table, bench, rack, handcart, pushcart, stall
or any other fixture or device that is used for the purpose of displaying,
exhibiting, carrying, transporting, storing, selling or offering for
sale any food, beverages, goods, wares or merchandise upon a sidewalk.
All that area legally open to public use as public streets
and sidewalks, roadways, highways, parkways, alleys and any other
public way.
Every device in, upon, or by which a person or property may
be transported or drawn upon a street or sidewalk, including but not
limited to devices moved by human power.
Any person traveling by foot, wagon, vehicle or any other
type of conveyance from street to street carrying, conveying, or transporting
goods, wares or merchandise and offering and exposing them for sale,
or making sales and delivering articles to purchasers, or who, without
traveling from place to place, exhibits, displays, sells or offers
for sale such products from a wagon, handcart, pushcart, motor vehicle,
conveyance or from his person while on the public ways of the City
of Parsons, Kansas. "Vendor" also includes any street vendor, hawker,
huckster, itinerant merchant or transient vendor. This definition
does not include a door-to-door peddler or solicitor.
It shall be unlawful for any person, firm or
corporation to engage in the business of vending unless he, she or
it has first obtained a license from the City Clerk or the designee
of the City Clerk.
A.
The application for a vending license shall contain
all information relevant and necessary to determine whether a particular
license may be issued, including but not limited to:
(1)
The applicant's full name, current address, telephone
number and proof of identity.
(2)
A brief description of the nature, character and quality
of goods, wares or merchandise to be offered for sale.
(3)
The specific location, if any, in which the vendor
intends to conduct business.
(4)
If the applicant is employed by another, the name
and address of the person, firm, association, organization, company
or corporation.
(5)
If a motor vehicle is to be used, a description of
the vehicle together with the motor vehicle registration number and
license number.
B.
Any application for a vending license to engage in
the sale of food or beverages shall be accompanied by proof that the
applicant has obtained the license required by the State of Kansas
and the City of Parsons to sell or serve food and beverages.
A.
Each license shall show the name and address of the
licensee, the type of license issued, the kind of goods to be sold,
the amount of the license fee, the date of issuance, the license number,
an identifying description of any vehicle or conveyance used by the
licensee plus, where applicable, the motor vehicle registration number.
Each license shall also show the expiration date of the license.
B.
In addition to the vending license and any other permit
required by this chapter, the City Clerk shall issue an identification
badge to each vendor.
C.
All licenses, permits and identification badges issued
under this section are valid for one year unless suspended or revoked
and shall be both nonassignable and nontransferable.
Any vendor wishing to conduct business at a
special event shall apply to the City Clerk for a temporary vending
permit. Application for such a permit must be made at least one day
prior to the beginning of the event for which the permit is sought.
The permit shall be valid only for the duration of the special event.
Fees for such permit shall be as specified in this chapter. Any vendor
to whom a temporary permit is granted shall be subject to the same
operating regulations as all other vendors, except where otherwise
specified.
Any vendor granted a vending license under this
chapter shall pay an annual license fee of $15. Any vendor granted
a temporary vending permit for special events shall pay a fee of $2
for each day of vending permitted, unless waived by the governing
body.
A.
Any license or permit issued by the City Clerk shall
be carried with the licensee whenever he or she is engaged in vending.
Identification badges and certificates of health inspection or food
and beverage licenses as may be required by the City of Parsons or
the State of Kansas shall also be properly and conspicuously displayed
at all times during the operation of the vending business.
B.
An identification badge shall be deemed to be properly
displayed when it is attached to the outer garment of the vendor and
clearly visible to the public and law enforcement officials. A certificate
of heath inspection or food and beverage licenses shall be deemed
to be properly displayed when attached to the vending pushcart, vehicle,
stand or other conveyance and clearly visible to the public and law
enforcement officials.
All vendors shall assure that a current and
correct name, residence address and mailing address are on file with
the City Clerk. Whenever either the name or address provided by a
licensed vendor on his application for a vending license changes,
the licensee shall notify the City Clerk in writing within 10 days
of such change and provide the same with the name change or address
change.
The provisions of this chapter do not apply
to:
A.
Goods, wares, or merchandise temporarily deposited
on the sidewalk in the ordinary course of delivery, shipment or transfer;
B.
The placing and maintenance of unattended stands or
sales devices for the sale, display or offering for sale of newspapers,
magazines, periodicals and paperbound books; or
C.
The distribution of free samples of goods, wares and
merchandise by any individual from his person.
Any person claiming to be legally exempt from
the regulations set forth in this chapter, or from the payment of
a license fee, shall cite to the City Clerk the statute or other legal
authority under which exemption is claimed and shall present to the
City Clerk proof of qualification for such exemption.
Vendors shall be allowed to engage in the business
of vending only between the hours of 8:00 a.m. and 11:00 p.m. No vending
station, conveyance or other item related to the operation of a vending
business shall be located on any City sidewalk or other public way
during nonvending hours, nor shall any vehicle be parked, stored or
left overnight other than in a lawful parking place.
A.
Vendors shall keep the sidewalks, roadways and other
spaces adjacent to their vending sites or locations clean and free
of paper, peelings and refuse of any kind generated from the operation
of their businesses. All trash or debris accumulating within 25 feet
of any vending stand shall be collected by the vendor and deposited
in a trash container.
B.
Persons engaged in food vending shall affix to their
vending station, vehicle, pushcart or other conveyance a receptacle
for litter that shall be maintained and emptied regularly and marked
as being for litter.
No vendor shall be permitted to operate:
No person authorized to engage in the business
of vending under this chapter shall do any of the following:
A.
Unduly obstruct pedestrian or motor vehicle traffic
flow.
B.
Obstruct traffic signals or regulatory signs.
C.
Stop, stand or park any vehicle, pushcart or any other
conveyance upon any street for the purpose of selling during the hours
when parking, stopping and standing have been prohibited by signs
or curb markings.
D.
Leave any conveyance unattended at any time or store,
park, or leave such conveyance in a public space overnight.
E.
Use a handcart or pushcart or stand whose dimensions
exceed six feet in width, eight feet in length, and 10 feet in height.
F.
Use any conveyance that, when fully loaded with merchandise,
cannot be easily moved and maintained under control by the licensee,
his employee, or an attendant.
G.
Sell any goods, wares or merchandise within districts
or on streets that have been or shall be hereafter so designated by
the governing body.
H.
Sound any device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention or otherwise violate Chapter 436, Noise, of the City Code.
I.
Conduct his business in such a way as would restrict
or interfere with the ingress or egress of the abutting property owner
or tenant, create a nuisance, increase traffic congestion or delay,
constitute a hazard to traffic, life or property, or obstruct adequate
access to emergency and sanitation vehicles.
The penalty for violating any provision of this chapter shall be as provided in § 1-2 of this Code for a Class C misdemeanor together with revocation or suspension of the vendor's license. Each violation shall be evidenced by a separate written notice presented at the time of citation for the offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.
A.
In addition to the penalties contained in this chapter,
any license issued under this chapter may be suspended or revoked
for any of the following reasons:
(1)
Fraud, misrepresentation or knowingly false statement
contained in the application for the license;
(2)
Fraud, misrepresentation or knowingly false statement
in the course of carrying on the business of vending;
(3)
Conducting the business of vending in any manner contrary
to the conditions of the license;
(4)
Conducting the business of vending in such a manner
as to create a public nuisance, cause a breach of the peace, constitute
a danger to the public health, safety, welfare or morals, or interfere
with the rights of abutting property owners; or
(5)
Cancellation of Health Department authorization for
a food or beverage vending unit due to uncorrected health or sanitation
violations.
B.
The City shall provide written notice of the suspension
or revocation in a brief statement setting forth the complaint and
the grounds for suspension or revocation and notifying the licensee
or permittee of his right to appeal. Such notice shall be mailed to
the address shown on the license holder's application by certified
mail, return receipt requested.
C.
If the City revokes a vending license or permit, the
fee already paid for the license or permit shall be forfeited. A person
whose license or permit has been revoked under this section may not
apply for a new license for a period of one year from the date that
the revocation took effect.
A.
If the City Clerk denies the issuance of a license
or permit, suspends or revokes a license or permit, or orders the
cessation of any part of the business operation conducted under the
license or permit, the aggrieved party may appeal the City Clerk's
decision to the governing body of the City of Parsons.
B.
The filing of an appeal stays the action of the City
Clerk in suspending or revoking a license or permit or any part of
the business operation being conducted under such license or permit
until the governing body makes a final decision, unless the City Clerk
determines that continued operation of the vending business constitutes
an imminent and serious threat to the public health or safety, in
which case the City Clerk shall take or cause to be taken such action
as is necessary to immediately enforce the suspension, revocation
or order.
A vending license may be renewed, provided that
an application for renewal and license fees are received by the City
Clerk no later than the expiration date of the current license. Any
application received after that date shall be processed as a new application.
The City Clerk shall review each application for renewal and, upon
determining that the applicant is in full compliance with the provisions
of this chapter, shall issue a new license.
