5-1. GENERAL REGULATIONS AND LICENSES

ARTICLE 1. GENERAL REGULATIONS AND LICENSES

5-101. LICENSE REQUIRED.

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 in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city. (Code 2008)

5-102. APPLICATION FOR LICENSE.

Every person, firm or corporation doing business or desiring to do business in the city shall apply to the city clerk for a license to operate such business which may, except in the case of new licenses, be issued by the city clerk. The term doing business, as used herein, shall mean any commercial or business activity which generated $5,000 or more in gross sales in the preceding calendar year. The term desiring to do business, as used herein, shall mean a business or commercial activity which had no gross sales in the previous calendar year. In the case of new licenses, the applicant 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. (Ord. 98-04, Sec. 1)

5-103. NOT ASSIGNABLE OR TRANSFERABLE.

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. There shall be no refunds except as specifically provided. (Code 2008)

5-104. LICENSE PERIOD; DURATION.

Unless otherwise provided, licenses shall commence on January 1st and expire on December 31st of the same year. Licenses issued after January 1st shall be for a partial year expiring on December 31st of the same year. (Ord. 98-04, Sec. 2)

5-105. EXEMPTION OF FARMERS.

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 or occupation tax imposed by any law 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. (K.S.A. 12-1617; Code 1987, 10-503; Code 2008)

5-106. LICENSE FEES.

Businesses shall not be required to pay a license fee except under the following circumstances:

(a) A new business located within the city limits shall pay a one-time license fee of $10.00.

(b) Peddlers, itinerant photographers, magazine sellers, subscription sellers and others soliciting for businesses and for-profit organizations shall pay a license fee of $10.00 per day.

(c) Recognized non-profit organizations, such as 501(c)(3) corporations, church, and school-related activities and other charitable organizations shall not be required to apply for a license, nor pay a license fee.

It shall be the duty of the city clerk to pay over to the city treasurer any amounts collected as license fees under section 5-106 of this code.

(Ord. 98-04, Sec. 3)

5-107. SAME; WHEN PAYABLE; TIME PERIOD.

(a) All license fees shall be due and payable before the commencement of a trade, occupation, business or profession for which license fees are required.

(b) No license shall be issued until the fee is paid.

(d) If the license prescribed is for an annual, quarterly, monthly, weekly or daily period, the license shall not be issued for any part or fraction of the year, quarter, month, week or day, respectively.

(e) The license for a day shall expire at midnight.

(Code 2008)

5-108. PAYMENT OF FEES; RECEIPT.

The city clerk shall, upon payment of any license fee specified, give a receipt therefor 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 2008)

5-109. CONTENTS OF LICENSE.

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 and the location thereof, 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 2008)

5-110. RECORD BOOK.

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 expire and within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the same shall have been renewed. (Code 2008)

5-111. DISPLAY OF LICENSE.

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 officer of the city. (Code 2008)