CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 2. SOLICITORS, CANVASSERS, PEDDLERS

It is the purpose of the City to assist in the accomplishment of the following goals:

(a)   prevention and/or reduction of crimes in the City;

(b)   protection of the privacy and peaceful enjoyment of the home;

(c)   making available to residents information helpful to determining their response to solicitors/sellers.

(Ord. 294; Code 2017)

The following definitions shall apply:

(a)   Peddler, solicitor, canvasser, seller - these terms may be used interchangeably to describe any person who makes contact, directly or indirectly, by telephone, by mail, in person, by temporary sales location or vehicle, or otherwise with any resident of the City for the purpose of soliciting or selling;

(b)   Solicit, solicitation, soliciting, sell, selling - these terms describe the act of requesting, directly or indirectly, expressly or by implication, money, credit, property, financial assistance, information or any other thing of value either in return for goods or services, or for an order for goods or services, or as a contribution or donation;

(c)   Residents of the City - any person with a street address within the City of Satanta, Kansas.

(Ord. 294; Code 2017)

Except as otherwise exempt in section 5-211, it shall be unlawful for any person to engage in soliciting/selling within the City without being first registered for that purpose as provided in this article.

(Ord. 294; Code 2017)

Applicants for registration shall complete and return to the City Clerk, not fewer than 90 days in advance of the date upon which the applicant wishes to commence solicitations/selling in the City, a registration application stating the following information:

(a)   name, social security number, permanent address, telephone number, temporary address, and temporary telephone number;

(b)   make, model and license number of any vehicles to be used by applicant;

(c)   the place where the applicant may be contacted for at least 30 days after leaving the City;

(d)   name address, and telephone number of the person or organization the applicant represents or is employed by;

(e)   name and title of an officer of such organization who can verify the authority of the applicant to represent the organization;

(f)   the name of the three previous cities where applicant (or the organization represented) conducted similar solicitations or sales within the last 24 months;

(g)   a statement as to whether or not applicant has been convicted of any crime involving moral turpitude within the preceding 5 years and the county and state thereof; and nature of the charge;

(h)   a statement as to whether or not the applicant (or represented organization) has:

(1)   Engaged in solicitations of a similar nature in the City before; and

(2)   If so, whether any registration issued by the City has ever been revoked.

(i)    the nature of the solicitations/sales to be conducted and a brief description of any goods or services offered;

(j)    the proposed method of delivery of goods or services;

(k)   the length of time during which solicitations/sales will be conducted within the City;

(1)   an acknowledgment that a valid registration by the City will not be used by the applicant as an endorsement of the solicitor’s product, service or cause by the City.

All statements made by the applicant shall be under oath.

(Ord. 294; Code 2017)

Each applicant shall present to the City Clerk with the application:

(a)   a driver’s license or some other proof of identity providing equivalent information;

(b)   any certificates, licenses, or some other authorizations as may be required by the City, state, or other regulatory bodies applicable to the applicant’s proposed solicitation/selling activity.

(Ord. 294; Code 2017)

At the time the application is submitted, a fee of $25.00 shall be paid to the City Clerk to partially defray the cost of processing the registration and issuing the certificate of registration. This fee is not refundable even though the registration is refused, granted, or later revoked.

(Ord. 294; Code 2017)

(a)   Upon receipt of an application, the City Clerk shall refer the application to the City’s law enforcement department, who shall make and complete an investigation of the information contained in the application and report back to the City Clerk.

(b)   The City Clerk shall refuse to register the applicant if:

(1)   the application is incomplete or contains false data; or.

(2)   the applicant was convicted of a crime involving moral turpitude within the preceding 5 years; or

(3)   the applicant failed to comply with any applicable provision of sections 5-204:206.

(c)   Absent a cause to refuse registration, the City Clerk may grant a registration and issue to the applicant a certificate of registration. Such certificate shall authorize the holder to conduct business within the City of Satanta, Kansas for the remainder of that calendar year. Regardless of when the certificate is issued during the year, the certificate shall expire on December 31 of the year issued. The City Clerk shall maintain an accurate record of every application received and acted upon together with all information and data pertaining to the application and all certificates of registration issued and applications refused.

(K.S.A. 12-1617; Ord. 294; Code 2017)

It shall be unlawful for any solicitor/seller to

(a)   call at any residence prior to the hour of 9:00 a.m. or after sunset, except by appointment; or

(b)   call at any place bearing a notice of “No Peddlers” or “No Solicitors” or words of a similar meaning; or

(c)   to remain on any premises after being asked to leave by the owner or occupant; or

(d)   to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity, or character of any goods or services provided, the purpose of the visit, his or her identity or the identity of the represented organization.

(Ord. 294; Code 2017)

All registered solicitors/sellers shall conform to the following requirements:

(a)   A solicitor/seller shall state or display at the time of each solicitation or sale:

(1)   his name;

(2)   name of the organization represented;

(3)   the nature of the solicitation/or sales; and

(4)   the certificate of registration issued by the City.

(b)   If the solicitation is for the purchase of goods or services, or for any order for delivery of goods or services, the solicitor shall inform the resident of their RIGHT TO CANCEL the transaction at any time within 72 hours if it involves the extension of credit, or is a cash transaction of more than $25.00.

(c)   If the solicitation/or sale results in an order for the delivery of goods or services, the solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed documents.

(Ord. 294; Code 2017)

Any certificate of registration may be revoked by the City Clerk if the holder is convicted of a violation of any of the provisions of this article, or the City receives a sworn, written statement that the holder has made a false statement in the application, or has otherwise violated the terms of this article, or the holder becomes disqualified for the issuance of a certificate of registration under the terms of this article. Upon such revocation, written notice thereof shall be given by the City Clerk to the holder of the certificate in person or by registered United States mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice the certificate of registration shall become null and void. The registration holder may appeal the City Clerk’s revocation by applying in writing to the City governing body within ten (10) days and the City shall have a full hearing on the issue of revocation on a date set by the governing body at its next regular City Commission meeting.

(Ord. 294; Code 2017)

The following, or their authorized agents, are exempt from the provisions of this article. Any person:

(a)   delivering newspapers, fuel, or other goods to regular customers on established routes;

(b)   who has an established permanent place of business in the City where goods or services being sold are offered for sale on a regular basis;

(c)   who has an established place of business where goods or services being sold on a regular basis, and where the buyer has initiated contact with and specifically requested a home visit by such person;

(d)   who is an officer or employee of the City, county, state or federal government when on official business;

(e)   conducting solicitations from current members of a nonprofit organization.

(Ord. 294; Code 2017)