Chapter 5.28
TRANSIENT MERCHANTS
Sections
5.28.010 Definitions—license required
5.28.030 Payment of sales tax required
5.28.050 License—separate required for each person
5.28.060 License—term—nontransferable
See KCC 5.04.040 for exceptions.
5.28.010 Definitions—license required
“Transient merchant,” “transient trader,” “hawker,” “peddler,” or other such trader as herein set forth, means and includes all persons, both principals and agents, who engage in temporary, transient, or itinerant retail business in the city, or who, without first establishing a permanent place of business in the city, engage in traveling from place to place therein selling or attempting to sell, or taking orders or subscriptions for goods, wares, or merchandise. No transient merchant, trader, hawker, peddler, or other as herein defined shall be exempted from the provisions of this chapter by reason of associating temporarily with any local dealer or by establishing a temporary site of business, and every transient or itinerant merchant, as herein defined, before engaging in business or before advertising or exposing wares, goods, or merchandise, for sale or subscription, shall procure a license from the city clerk as herein provided, and shall pay the fee therefor required. [Ord. 776 §3, 1985. CCK §6.2.1]
5.28.020 Entry on premises
No transient or itinerant merchant herein defined shall go in and upon private residences in the city for the purpose of the sale of, or the soliciting of orders for the sale of, subscriptions, goods, wares, or merchandise, or for the purpose of disposing of or peddling or hawking the same, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residence. [CCK §6.2.2]
5.28.030 Payment of sales tax required
Nothing in this chapter permits sales under the provisions and requirements of this chapter without the collection by the person, licensed hereunder, of the city sales tax collected, and payment of the tax to the city clerk. [CCK §6.2.3]
5.28.040 License—fee—form
The fee required to be paid to obtain the license to engage in the transient and itinerant trades, as herein set forth, shall be established by resolution or motion of the city council, and such license shall be procured from the city clerk prior to engaging in business in the city. The city clerk shall deliver to the purchaser of any license procured hereunder a license form which shall indicate the purchaser’s name, the date purchased, the amount of fee paid, the date of expiration of the license, and the signature of the city clerk shall appear hereon. Such license form shall be carried on the person or posted for public view in the site of business at all times during its effective period. [Ord. 951 §3, 1993. CCK §6.2.4]
5.28.050 License—separate required for each person
If two or more persons are associated in any such transient or itinerant business, as herein defined, each such person shall be considered an entity in business, and each shall be required to purchase a license as required hereunder. [CCK §6.2.5]
5.28.060 License—term—nontransferable
No license under this chapter shall be issued for a greater period than one year, beginning on January 1 of each year and expiring on December 31 of each calendar year. No license can be transferred by the licensee to any other person except with the written consent of the council upon application thereto in writing. [CCK §6.2.6]