Street vendor shall mean and include any person authorized to sell food or non-alcoholic beverages from a cart or stand temporarily located on certain sidewalks, right-of-way, or private property within the city as authorized by this Article of the Code.

(Ord. 2312, Sec. 1)

Upon application to the city clerk, the governing body may grant a street vendor license, subject to the provisions of this Article, to use a city sidewalk or right-of-way, or private property adjoining a city sidewalk or street, for the sale of food or non-alcoholic beverages, provided that another street vendor is not already licensed to use that location.

The governing body reserves the right to reject any or all applications and to restrict or prohibit the use of public property at any location at any time.

(Ord. 2312, Sec. 1)

(a)   An applicant for a street vendor license shall present a statement of intention to all property owners within seventy-five (75) feet of the location for which the applicant seeks the license, and the date of the governing body meeting of when the application will be considered. The applicant shall provide the names and addresses of each property owner notified pursuant to this paragraph to the city clerk.

(b)   An applicant for a street vendor license shall provide proof of current liability insurance issued by a company authorized to issue insurance in the State of Kansas, insuring the applicant [and the City of De Soto if the applied for location is on public property] in an amount of not less than $500,000.00 for a single incident, for any liability associated with the failure of the licensee, its employees, agents, servants, invitees, and patrons to exercise due care and diligence in operating their vending location.

(c)   An applicant for a street vendor license shall provide proof of a Kansas Retail Sales Tax Number.

(d)   An applicant for a street vendor license shall submit a photograph or drawing of the proposed cart or stand with the application.

(e)   Applications for a street vendor license shall be accepted by the city clerk’s office, during regular business hours, Monday through Friday, throughout the year.

(f)   The fee for the license required by this Article shall be as prescribed by the city’s Fee Resolution.

(Ord. 2312, Sec. 1)

(a)   A licensed street vendor shall be limited to one licensed location per year.

(b)   A street vendor license shall be valid for one calendar year (January 1 through December 31). All licenses obtained on January 1st or at any time thereafter shall expire on December 31st of the same year. Non-use of the approved location for a period of thirty (30) days or longer anytime between April 1st and October 31st of the year shall constitute a revocation of the license.

(c)   A license may be renewed by making application to the city clerk on forms provided for that purpose from January 1 to January 31st of each year. The fees for the renewal of a license shall be as prescribed by the city’s Fee Resolution.

(Ord. 2312, Sec. 1)

(a)   The street vendor’s cart or stand shall not be more than eight (8) feet high, not including the height of an umbrella attached to the cart or stand. Any umbrella attached to the cart or stand shall not damage or interfere with any street trees. Except for good cause shown as determined by the governing body, the size of a cart or stand, excluding the hitch, shall not exceed forty (40) square feet.

(b)   Any signs that the applicant desires to use with their cart or stand shall be presented with the application, and will be considered by the governing body as part of the application. Any changes (other than the message) to the signs after the license is issued, must be approved by the governing body.

(Ord. 2312; Ord. 2315)

(a)   The licensed street vendor shall only sell those products (food or non-alcoholic beverages) specified on the vendor’s street vendor license application and for which the license has been issued.

(b)   A licensed street vendor must present proof of a current State of Kansas Health Department Certificate of Approval if selling food or non-alcoholic beverages, and proof of any other licenses or certificates required by the State of Kansas.

(c)   A licensed street vendor, before using any space heating devices at the licensed location, shall be inspected for fire hazards, and receive approval for use of said device, by the City Building Inspector.

(d)   The licensed street vendor, or his or her designee, shall not operate or have their cart or stand at the licensed location between the hours of 10:00 p.m. and 7:00 a.m.

(e)   No more than two (2) employees of the licensed street vendor shall be at the licensed location at one time.

(f)   All sales shall be confined to the approved, licensed location.

(g)   The licensed street vendor shall use only non-breakable containers at the licensed location.

(h)   The licensed street vendor shall be responsible for cleanup of all refuse generated by the business and/or its customers at the licensed location.

(Ord. 2312; Ord. 2315)

No street vendor, nor any person in his or her behalf, 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 any goods, wares or merchandise which such licensee proposes to sell.

(Ord. 2312, Sec. 1)

The City Administrator or designee, or the Codes Enforcement Officer, may suspend or revoke a license issued under this Article if:

(a)   The licensed street vendor violates any provision of this Code or other ordinance of the city governing the activities permitted by the license; or

(b)   The license was obtained by fraud or misrepresentation.

(Ord. 2312, Sec. 1)

Any person may appeal to the governing body from the denial, suspension or revocation of a street vendor license. Notice of such appeal must be given in writing to the city clerk within fifteen (15) city business days of the denial, suspension or revocation.

(Ord. 2312, Sec. 1)

Any person who violates the requirements of this Article shall, upon conviction, be fined not less than $20.00 nor more than $500.00. Each day that a person violates the requirements of this Article shall constitute a separate offense.

(Ord. 2312, Sec. 1)