City of Wilson Ordinance to Regulate the Activities of Mobile Vendors

(First Published in the Ellsworth County Independent/
Reporter, May 17, 2018)

ORDINANCE NO. 843

AN ORDINANCE OF THE CITY OF WILSON, KANSAS; REGULATING THE ACTIVITIES OF MOBILE VENDORS WITHIN THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WILSON, ELLSWORTH COUNTY, KANSAS.
Section 1. PURPOSE. The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Wilson, Kansas, it is necessary to regulate various activities, including those of Mobile Vendors.
Section 2. DEFINITIONS. The following words, terms, and phrases, when used in this Ordinance, shall, except where the context clearly indicates otherwise, have the following meanings:
(a) “Mobile Vendor” shall mean any person, corporation, association, or other entity, however organized, that offers for sale product, food, and/or beverages from a mobile Unit.
(b) “Mobile Unit” shall mean any self-contained vehicle, trailer, cart, or other type of conveyance from which products, foods and/or beverages are offered for sale.
(c) “City Approved Event” shall mean any event approved by the Governing Body.
Section 3. MOBILE VENDOR’S LICENSE REQUIRED. No person, corporation, association, or other entity, however organized, shall operate within the corporate limits of the City as a Mobile Vendor without first obtaining a valid Mobile Vendor’s License.
Section 4. MOBILE VENDOR’S LICENSE APPLICATION. Application for a Mobile Vendor’s License shall be made on a form provided by the City Clerk for that purpose. The applicant shall attest to the truthfulness of the application and shall complete the application in full, providing the following information:
(a) The applicant’s full legal name, date of birth, Social Security Number or Employer Identification Number, permanent address, business mailing address, and telephone number.
(b) A copy of the applicant’s government-issued photo identification.
(c) The applicant’s valid Kansas sales tax number.
(d) A brief description of the nature of the business and the products, foods and/or beverages to be offered for sale.
(e) Location where the mobile unit will be parked for business.
(f) A copy of a valid State of Kansas license for food service establishments, if such is required.
(g) The applicant’s signature.
Section 5. MOBILE VENDOR’S LICENSE ISSUANCE; DENIAL. The City Clerk or Mayor shall review each application for a Mobile Vendor’s License. Within five (5) business days of the application, the City Clerk or Mayor shall approve the application and shall issue to the applicant a Mobile Vendor’s License together with an official copy for each mobile unit identified in the application unless:
(a) The application is incomplete.
(b) The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement.
(c) A mobile unit, which is located on City property or a City right-of-way, shall cause a nuisance to the adjacent businesses or residences.
(d) The applicant has had a Mobile Vendor’s License revoked by the City for any reason within the preceding two (2) years.
If the application is deficient for any of the reason, then the City Clerk or Mayor shall deny the application by giving Notice of Denial to the applicant. Notice of Denial shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the applicant of the reason for denial, and shall inform the applicant that he or she has fourteen (14) days from the date of the Notice of Denial in which to appeal the denial of the application to the Governing Body. The City Clerk shall maintain a copy of the Notice of Denial in his or her files.
Section 6. MOBILE VENDOR’S LICENSE NON-TRANSFERABLE. No Mobile Vendor’s License issued in accordance with the provisions of this Ordinance shall be used by any person other than the person, corporation, association, or other entity, however organized, to whom it was issued.
Section 7. SIGNS. Signs shall be limited to those that may be mounted or incorporated on the mobile unit. Signs shall not exceed the dimensions of the mobile unit by more than one (1) foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, provided that the signs are only illuminated when the mobile unit is stationary, that such signs are only illuminated during hours that the mobile unit is being operated. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building or into any residential neighborhood or street.
Section 8. MOBILE VENDOR’S LICENSE REVOCATION. The City Clerk or Mayor may revoke any Mobile Vendor’s License issued under this Ordinance for one or more of the following reasons:
(a) Fraud, misrepresentation, or false statement contained in the application for the Mobile Vendor’s License;
(b) Information provided on the Vendor’s License Application must be kept current and shall be updated within 30 days if the information changes;
(c) Any violation of the provisions of this Ordinance;
(d) Conducting a licensed activity in an unlawful manner, in a manner that disturbs the peace, or in a manner that is injurious to the health, safety, or welfare of the residents of the City; or
(e) Revocation or denial of any license issued by the State of Kansas for food service establishments.
Notice of Revocation shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the licensee of the reason for revocation, and shall inform the licensee that he or she has fourteen (14) days from the date of the Notice of Revocation to appeal the revocation to the Governing Body. The City Clerk shall maintain a copy of the Notice of Revocation in his or her files.
Section 9. MOBILE VENDOR’S LICENSE APPEAL. Any person aggrieved by the action of the City Clerk or Mayor in denying an application for a Mobile Vendor’s License or in revoking a Mobile Vendor’s License shall have the right to appeal that action to the Governing Body. Such appeal shall be taken by filing with the City Clerk a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or the Notice of Revocation. The Notice of Appeal must be in writing and must set forth why the applicant or the licensee believes that the denial or the revocation is erroneous. After the Notice of Appeal is filed, the Governing Body shall set a time and place for hearing the appeal. Notice of the hearing shall be given to the applicant or licensee in the same manner as the Notice of Denial or the Notice of Revocation. The Governing Body’s decision and order on such appeal shall be the final order of the City.
Section 10. MOBILE VENDOR’S LICENSE MUNICIPAL OFFENSE. Operating as a Mobile Vendor without a Mobile Vendor’s License shall be a municipal offense. Any person, upon an adjudication of guilt or the entry of a plea of no contest, shall be subject to a fine of up to $500.00.
Section 11. MOBILE VENDOR’S LICENSE EXEMPTIONS. The provisions of this Ordinance shall not apply to the following activities:
(a) Vendors selling at a farmers’ market.
(b) Vendors selling as part of a City Approved Event.
Section 12. EFFECTIVE DATE. This Ordinance shall take effect and be in full force from and after its publication in the Ellsworth Co. Independent/Reporter, the official City newspaper for the City of Wilson, Kansas.
Passed by the council and approved by the Mayor of this 7th day of May, 2018.

LARRY PTACEK, Mayor

ATTEST:

SUSAN KRILEY, City Clerk

1t 5/17