CHAPTER V. BUSINESS LICENSES AND REGULATIONSCHAPTER V. BUSINESS LICENSES AND REGULATIONS\ARTICLE 1. GENERAL REGULATIONS AND LICENSES

It shall be unlawful for any person, firm or corporation, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation hereinafter named in this article, in the city without first paying the license fee hereinafter prescribed and procuring a license therefor from the city clerk.

(Code 1972, 15-1; Code 1984)

Every person, firm or corporation desiring to do business in the city shall apply to the city clerk for a license to operate such business, and in the case of new licenses, shall appear before the governing body before the commencement of business and issuance of the license. Upon approval by the governing body, the city clerk shall issue to the applicant a license which shall be signed by the city clerk. It shall be the duty of the city clerk to pay over the amount so collected on each license issued, to the city treasurer of the city.

(Code 2014)

No license granted by the city shall be assignable or transferable; nor shall such license authorize any person to do business or act under it but the person named therein, nor at more than one place.

(Code 1984, 5-102)

All yearly licenses issued as provided in this article shall expire on the 31st day of December, without regard to the date of issuance thereof.

(Code 1984, 5-103)

When any firm or corporation engages in any business or occupation required to be licensed without first obtaining a license 'as required, the manner, or local agent, or part in charge, or any employee, may be arrested and punished, and either or any member of a partnership, or the party in charge of its business, shall be equally liable and subject to the penalty.

(Code 1972, 15-4; Code 2001, 5-104)

When in any case a license fee is imposed upon a certain occupation, business or profession, and which occupation, business or profession would be liable under some general provision of the licensing ordinance if the specific provision were absent, the fees shall be that specifically imposed by any such ordinance.

(Code 1972, 15-5; Code 2001, 5-105)

No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state shall be required to pay any license fee of occupation tax imposed by any ordinance of this city, and he or she,, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license.

(Code 1972, 15-6; Code 2001, 5-106)

All ex-soldiers and sailors of World War I and World War II who served honorably in the military or marine service of the United States and all persons who have served with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and the United Nations or under the flag of the United States alone and who hold an honorable discharge from such service, issued by the proper officer of the United States, members of the American Red Cross Nurse Corps who served overseas during World War II, and all persons who served overseas with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and United Nations or the flag or the United States alone, and who shall reside in the city six months previous to the time of which the license is issued, shall be entitled to a license to operate a delivery and baggage wagon, and to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in the city: Provided, That the soldier, sailor or other described person is engaged in operating personally a delivery and baggage wagon owned exclusively by himself or herself. Upon the presentation of his or her certificate and papers of discharge to the city clerk, and showing proof of his or her identity as the person named in the certificate of honorable discharge, and having resided within the city six months previous to the time the license is applied for, the city clerk shall issue a license to the person.' Such licenses shall be free.

(K.S.A. 73-207, 220; Code 1972, 15-7; Code 1984, 5-107)

(a)   Nothing in this article shall be construed as applying to or taxing:

(1)   the interstate portion of any business;

(2)   instrumentalities of the government of the United States, unless authorized by laws of the United States;

(3)   organizations of any kind of the employees thereof wholly for charitable, religious, benevolent, fraternal, civic, educational military, municipal or similar purposes, and from which profit is not derived, either directly or indirectly, by any individual.

(b)   The city clerk may require any business, instrumentality, or organization claiming to be exempt under this section, to file with him or her a certified statement stating the facts upon which exemption is claimed.

(Code 1984, 5-108)

All licenses shall be due and payable immediately upon the commencement of the occupation, business or profession for which the same are required: Provided, that when any license shall expire, the license for the ensuing period shall be due and payable immediately upon the expiration of any such prior license. No license shall be issued until the fee required is paid.

(Code 1972, 15-8; Code 1984, 5-109)

The city clerk shall, upon payment of any license fee specified, give a receipt therefor shall be given stating the amount paid, the nature of the licenses issued, for what time, and to whom issued, and if possible, the exact location where the business is to be carried on, and the kind of business.

(Code 1972, 15-9; Code 2001, 5-110).

Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business he or she desires to engage in, the amount paid, and time the license shall expire; and the person having such license shall be authorized to carry on the business therein named.

(Code 1972, 15-11; Code 2001, 5-111)

The city clerk shall keep a book in which shall be entered the name of each person licensed, his or her address, the date of the license, the purpose for which it is granted, the amount paid therefor, and the time the same shall expired.

(Code 1972, 15-12; Code 2001, 5-112)

All persons doing business in a permanent location are required to have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place of business are required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or office of the city.

(Code 1972, 15-14; Code 2001, 5-113)

(Code 1972, 15-15; Code 2001, 5-114; Code 2014)

(a)   All circuses and carnivals shall pay a license fee of $25.00 per day.

(b)   Prior to entering the city, all circuses and carnivals shall provide certificate of public liability insurance in a minimum amount of $1,000,000, written by an insurance carrier licensed to do business in the state.

(Code 1972, 5-27(4), 5; Code 2001, 5-115; Code 2014)

All pool or billiard halls shall pay a license fee of $25 per year.

(Code 1972, 15-27(4); Code 2001, 5-116)

All bowling or ten pen alleys shall pay a license fee of $25.00 per year.

(Code 1972, 15-27(4); Code 2001, 5-117)

All skating rinks shall pay a license fee of $25.00 per year.

(Code 1972, 15-27(4); Code 2001, 5-118)

Any combination of the enterprises described in sections 5-117, 5-118 and 5-119 herein shall pay a license fee of $25 per year, per building, structure or location.

(Code 1972, 15-27(4); Code 2001, 5-119)

In addition to punishment as provided in section 1-113 of this code, conviction of a violation of this article, or any other city ordinance or state statute, shall constitute grounds for revocation of any license granted hereunder. Upon notification of such conviction, the governing body shall notify the licensee that a hearing will be held at which he or she may present any evidence why his or her license should not be revoked.

(Code 1972, 15-29; Code 1984, 5-120)