(a) Portable business shall mean and include any person authorized to sell food, flowers, or non-alcoholic beverages or offer for sale goods, wares, merchandise or services which is carried on from a cart, trailer or stand temporarily located on property as authorized by this article. A portable business shall not include the sale of goods directly from tables, racks, or boxes.
(b) All other items, not specifically defined herein, shall be defined in conformance with the Zoning Code of this City.
(Code 2020)
Every person, firm, entity, association or corporation now or hereafter doing business in the corporate limits of the City of Haysville and maintaining a portable business, is required to hold a permit allowing such portable business to operate in the City of Haysville and shall pay a fee as set out in Chapter 17. All fees required by this article shall be credited to the general fund of the city in the same manner as business registration fees imposed upon permanent businesses.
(Code 2020)
An application for a temporary portable business permit shall be developed by the City Clerk, which shall require the following information, as well as other information the City deems pertinent to issuing such permit:
(a) Contact information of the applicant;
(b) Name and nature of the portable business;
(c) Proof of Kansas Retail Sales Tax Number;
(d) Location of the portable business;
(e) Relationship of the applicant to the property location of the portable business, including lease agreement if such location is leased to Applicant;
(f) Dates requested for temporary portable permit;
(g) A drawing which depicts the proposed location of the temporary portable business in relation to the lot and including:
(1) Proposed square footage of the area used
(2) The number of parking spaces that will remain available for the primary business use
(3) The number of parking spaces to be used by the temporary portable business
(4) Measurements of the setback from property lines
(5) Size and location of any signs used for the purposes of the business
(Code 2020)
The City Clerk, upon confirmation from the Public Works Director, or his or her designee, that the applicant is in compliance of existing codes and regulations, and is operating a lawful business, shall issue a temporary portable business permit. Every permit issued pursuant to this article shall expire thirty (30) days from the issuance date, unless sooner revoked. Prior to expiration the permit holder desiring to renew a permit shall make application for renewal to the city clerk’s office. A renewal application shall in all respects be treated as an application for an initial permit. There shall be no more than three (3) permits issued for a portable business on the same property in any twelve (12) month period based on the calendar year.
(Code 2020)
A permit is not transferable to any other person, firm, or corporation and cannot be used for any activity or at a location other than those listed on the application and approved for the temporary permit. Either moving the business to a new location, or transferring the business to a new owner/operator will require applying for a new permit.
(Code 2020)
The City Clerk, or his or her designee, upon five (5) days written notice to the applicant holding any permit regulated by this article shall revoke such permit for any one of the following reasons:
(a) If a permit has been fraudulently obtained by giving false information in the application.
(b) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(c) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the City.
(d) If there has been any violation of any of the provisions of this Article.
(e) If the applicant has failed to obtain all other necessary permits including but not limited to: electrical; plumbing.
(f) If any portion of the portable business is deemed an immediate safety hazard as determined by the Public Works Director, or his or her designee.
(g) Unauthorized use of the public right-of-way for sale or display of merchandise.
(h) Violation of a provision of the City’s zoning, subdivision, or sign regulations.
Notice of the revocation of a permit shall notify the permit holder of the revocation of his or her permit in writing, setting forth the grounds for revocation, which shall be hand delivered to the permit holder or mailed to the permit holder’s permanent address appearing on the permit application. Such notification shall be sent as soon as practicable but in no case beyond 24 hours from the time such permit is revoked.
(Code 2020)
No portable business shall be permitted on a public right-of-way or public easement. Nor shall such business be located in any sight triangle, as determined by the Public Works Director, or his or her designee. The business shall be located on an all-weather surface.
The business or activities of a portable business must be upon property that is accessory to an existing primary use. No portable business shall be allowed to operate if such business would be in violation of the Haysville Zoning Regulations. No person shall conduct activities pursuant to this Article on unimproved surfaces, or on aisleway area. If an actual conflict arises between the language of the City’s zoning and subdivision regulations, and this Article, the more restrictive regulations shall prevail.
(Code 2020)
Application for temporary portable business permit will constitute permission, from applicant, for inspection by the Public Works Director, or his or her designee, for the purpose of determining that the applicant has complied with applicable electrical code, zoning laws, and all other relevant regulations of the article and the code of the city.
(Code 2020)
Before a license shall be issued for vending food, the operation must have the appropriate Food License from the Kansas Department of Agriculture.
(Code 2020)
No portable business, nor any person acting on behalf of such business, shall shout, make an outcry, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system for the purpose of attracting attention to such business or any goods, wares or merchandise for sale/sold by such business.
(Code 2020)
This article shall not apply to:
(a) Vendors participating in designated community events, as established by the Governing Body of the City, including but not limited to the Hometown Market, Fourth of July Celebration, Fall Festival, City Wide Garage Sale, and Community Expo, shall be exempt from the requirements of this Article, but may be required to receive a permit to participate in any such event by the organizers of such community event.
(b) Ice cream street vendors, as defined and covered in Article 9 of this chapter.
(c) Persons who take orders for merchandise or food when such merchandise or food is to be delivered to the ultimate customer on a day subsequent to the date of the sale.
(d) Sales by mobile food vendors that are regulated by Article 16 of this chapter.
(Code 2020)
Any person, firm or corporation, company, partnership or other entity who shall be found guilty of violation of this article shall be subject to a fine of not less than fifty dollars ($50) or more than one-thousand dollars ($1,000); or imprisonment for not more than one hundred eighty (180) days; or both such fine and imprisonment. Each day the violation is committed shall constitute a separate offense.
(Code 2020)
Any person aggrieved by the action of the chief of police, city inspector or city clerk in the denial of an application for a permit or license, or revocation of a license shall have the right to appeal to the governing body of the city within ten days after the denial of the application by filing with the city clerk a written notice of intention to appeal, setting forth fully the grounds for such appeal. The governing body shall, at its next meeting after the filing of such appeal, fix a time and place for a hearing thereon. Notice of such hearing shall be given to the applicant in the manner provided for notice of hearing on revocation of a license issued hereunder. The decision of the governing body on such appeal shall be final and conclusive.
(Code 2020)
In addition to all law enforcement officers of the City, the City Clerk, and his or her designees, shall have the power to enforce the provisions of this Article.
(Code 2020)
Nothing in this chapter shall be interpreted to authorize any person licensed hereunder to transact business in violation of any state statute governing the conduct of transient merchants or portable businesses, nor shall compliance with the provisions of this chapter relieve any person from compliance with the state statutes requiring the licensing of transient merchants or portable businesses.
(Code 2010, Code 2020)