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:
CONVEYANCE
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.
GOODS, WARES and MERCHANDISE
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.
MOTOR VEHICLE
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.
PUBLIC SPACE
Includes all City-owned parks and City-owned property within
street rights-of-way, including any roadways and sidewalks.
PUBLIC WAY
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.
PUSHCART
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.
SIDEWALK
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.
SPECIAL EVENT
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.
STAND
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.
STREET
All that area legally open to public use as public streets
and sidewalks, roadways, highways, parkways, alleys and any other
public way.
VEHICLE
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.
VENDOR
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.
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.
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.
No vendor shall be permitted to operate:
A. So as to obstruct the following public space:
(1) Any street intersection or pedestrian crosswalk.
(2) Any driveway or loading zone.
B. Within 50 feet of another vending location assigned
to another vendor on a public sidewalk.
C. Against display windows of fixed location businesses.
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 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.