For the purpose of this article, the following words shall mean:

(a)   Transient Vendor. A transient vendor is any person not a resident of La Cygne, Linn County, Kansas, who does not have an established place of business within the corporate limits of the City of La Cygne or who is not selling goods from an established place of business with the approval of the owner or occupying tenant thereof, and who sells or offers to sell to the general public, goods, wares, merchandise, or personal property of any nature whatsoever from a conveyance, stand, table, or other means set up or located on the streets or sidewalks of the city or on property within the city owned by another.

(b)   Established Place of Business. An established place of business is any business operated from a permanent building or structure within the city for which the required deposits to become connected to the utility services provided by the city have been made and which place of business is open for business during regular business hours.

(c)   Mobile Food Vehicle means a self-sustained, vehicle-mounted, vehicle-towed or vehicle-carried food service establishment or mobile kitchen that engages in the sale and preparation of food or beverages to the general public. May be temporarily permitted in the parking areas of any of the commercial, industrial or public zones provided such vehicle conforms to all setback, sight distances and other applicable zoning and traffic regulations. Written authorization must be given by the property owner. An application for permit is required to be completed and filed with the City Clerk. A fee, as set in the city’s fee resolution, shall be charged for each permit and shall be paid prior to issuance of the permit

(Code 1988; Ord. 1509)

A transient vendor desiring to do business within the city shall apply to the city clerk for a license authorizing such business. Applications for licenses shall be sworn and in writing and shall contain the following information:

(a)   Name, date of birth, physical description of applicant, and applicant’s Kansas Sales Tax number.

(b)   Address of applicant and address of location where applicant intends to offer goods, wares, merchandise or personal property for sale.

(c)   A brief description of the nature of the business to be conducted and the goods to be sold, and if the goods are farm or orchard products, a statement whether they are produced or grown by applicant, and if not, the name and address of the producer or grower.

(d)   If applicant is employed, name and address of the employer, together with credentials establishing applicant’s relationship to such employer.

(e)   Length of time for which the right to do business is desired.

(f)    If a vehicle is to be used, a description of the same, together with the state vehicle license number carried on such vehicle.

(g)   A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor, or violation of any municipal ordinance regulating transient vendors, and if so, the nature of the offense and the punishment or penalty assessed therefore.

(h)   Each application shall be accompanied by the written permission of the owner, or tenant in possession of the location described in the application, from which or in front of which the applicant intends to offer goods, services, merchandise or personal property for sale.

(Code 1988)

No license shall be issued permitting a transient vendor to conduct business within the city for more than three consecutive days nor to any applicant who has within two years preceding the date of such application been convicted of any crime or misdemeanor, other than a traffic offense, or of violating any municipal law regulating transient vendors. All applicants for licenses hereunder shall be first approved by the city clerk and the chief of police of the city. Upon receipt of an application the city clerk shall forthwith submit copies thereof to the mayor, or in his or her absence, to the president of the council, and they shall within 24 hours thereafter return the same to the city clerk with their approval or disapproval endorsed thereon. Failure to return an application within the time specified shall be construed as approval of such application. In the absence of the mayor and the president of the council, the city employee in charge of the business office of the city shall investigate the qualifications of license applicants and approve or disapprove the issuance of licenses.

(Code 1988)

A fee, as set in the city’s fee resolution, shall be charged each licensee hereunder which fee shall be paid prior to the issuance of a license.

(Code 1988; Code 2017)

No transient vendor shall sell or offer to sell to the general public goods, wares, merchandise, or personal property of any nature whatsoever without first obtaining a license to do so as required by this article.

(Code 1988)

Any violation of the terms of this article is declared to be a misdemeanor and any person convicted of such violation is punishable by a fine of not to exceed $1,000.

(Code 1988)

All recognized charitable, philanthropic, benevolent, and community organizations should be excepted from the provisions hereof, and all events sponsored by appropriately chartered and recognized community organizations shall also be exempt from the provisions of this section provided, however, that said event must have the approval of the council.

(Code 1988)