For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   Mobile unit: A vehicle-mounted restaurant type establishment designed to be readily moved.

(b)   Pushcart: A non-self-propelled vehicles used for street vending.

(c)   Street vending: the act of selling, peddling, or offering to sell or peddle any personal service or item, perishable or otherwise, in or upon any public street, public sidewalk, public alley, public way, public building, public park, or any other place in the City.

(d)   Street vendor: One who sells, peddles or offers to sell or peddle any personal service or item, perishable or otherwise, in or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the City.

(Ord. 20-5; Code 2021)

(a)   No person shall engage in street vending except as specifically authorized by this article.

(b)   Subject to the conditions established by this article, and exception otherwise prohibited by Section 5-204, street vending shall be permitted in or upon any public street, public sidewalk, public alley, or public way, within the city.

(Ord. 20-5; Code 2021)

(a)   The following conditions are made applicable to street vending within the city:

(1)   Any lawful service or item may be sold, peddled, or offered for sale or peddling, except that any item other than newspapers, magazines, periodicals, flowers, food or beverage may be sold, or peddled, or offered for sale, hawking or peddling only from a push cart or from the street vendor’s person.

(2)   Any person engaging in street vending must apply for and obtain a license as required by Section 5-208.

(3)   Any person engaging in street vending who offers to the public any food or beverage item must also apply for and obtain all licenses and permits required by the State of Kansas Department of Revenue and Sedgwick County Health Department and must maintain those licenses and permits in a current state.

(4)   A vendor certificate including all required licenses and permits must be prominently displayed on the vehicle or push cart from which the street vendor operates.

(5)   Any person engaging in street vending shall have prominently displayed upon the side of the vehicle or push cart from which the street vendor operates his or her name or the name of his or her business.

(6)   Street vendors shall not sell, attempt to sell any item or serve food or beverage in a residential district unless hired specifically for a private event.

(7)   No person under the age of 16 years, other than the street vendor or the street vendor’s employees, shall be allowed in or upon any vehicle or push cart engaged in street vending.

(8)   No street, alley or way, public or private, shall be blocked by the street vendor’s vehicle or push cart, or by anything being offered for sale, or peddling.

(9)   Where the street vending occurs on a public sidewalk, a three-foot passageway for pedestrians shall be left open, and all merchandise shall be securely and adequately placed so as not to endanger a passerby or protrude into any street, alley or way.

(10) Street vendors shall not sell, peddle, or offer to sell, or peddle any service or item in a manner which causes a nuisance, creates a fire hazard, interferes with the flow of vehicular and pedestrian traffic, or interferes with ingress or egress to or from any occupied building.

(11) Street vendors shall not sell or peddle, or offer to sell, or peddle any service or item in a manner or location that would result in the street vendor’s violation of any ordinance, including but not limited to those ordinances pertaining to parking and traffic control.

(12) Street vendors selling or peddling, or offering to sell, or peddle any service or item must comply with all ordinances applicable to the business in which they are engaged and the services and items being offered to the public.

(13) Street vendors offering food or beverage shall provide a trash receptacle and must clean the litter and food deposits from that receptacle as often as necessary to ensure compliance with all applicable health code ordinances and regulations, but in no event less than once per day.

(14) Street vendors shall not sell or peddle, or offer to sell, or peddle any service or item within 50 feet of a public entrance of an established business offering similar products to the public during the hours that the business is open to the public. For purposes of this article, one cannot sell, or peddle food items within 50 feet of a restaurant, deli, cafeteria or other eating establishment selling food items during the time it is open for business.

(b)   The failure of a street vendor to satisfy any of the conditions established by this article shall render the street vending unlawful.

(Ord. 20-5; Code 2021)

(a)   Street vending is prohibited at the following locations:

(1)   In or upon any public street now or hereafter designated by the city council as a trafficway, boulevard or parkway, except as permitted by subsection (c).

(2)   In or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the city bearing postings placed by the city indicating that street vending is prohibited.

(3)   In or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the city where engaging in street vending would result in a violation of the ordinances of the City of Andale.

(b)   Vending in any public building or other public place not specifically provided for by this article is prohibited except as may be authorized by the governing body. Such vending shall comply with all the conditions applicable to street vendors.

(c)   Street vending in or upon any property under the jurisdiction of the department of parks and recreation, including any and all public streets, public sidewalks, public alleys, public ways, public buildings and other public places in or upon the property, is prohibited unless authorized by the director of parks and recreation or his designee. Any authorized vending in or upon any property under the jurisdiction of the department of parks and recreations shall be conducted in accordance with the terms and conditions applicable to street vendors and such additional rules and regulations as may be established by the department.

(Ord. 20-5; Code 2021)

(a)   Nothing in this article shall be construed to prohibit businesses from operating a sidewalk café.

(b)   Nothing in this article shall be construed to alter or prohibit the operation of any farmer’s market, presently existing or established in the future.

(c)   Nothing in this article shall be construed to prohibit street vending within an area closed by an applicable special permit issued by the city, including, but not limited to street fairs, parades, festivals and block parties, but vendors must comply with vending requirements of the special permit.

(Ord. 20-5; Code 2021)

Nothing contained within this article shall be construed as to alter or amend any provision of the ordinances of the City of Andale relating to the licensing, permitting, taxation, and regulation of street vendors, or to the licensing, permitting, taxation and regulation of the service or thing being sold, hawked, peddled, or offered for sale, hawking or peddling.

(Ord. 20-5; Code 2021)

(a)   Any person vending from a mobile unit or push cart upon any private property within the city must obtain and display a vendor certificate, including all required licenses and permits, as provided by Section 8.

(b)   For the purposes of this section, street vending as defined in Section 1 shall also include the act of selling, peddling or offering to sell or peddle any personal service or item, perishable or otherwise, in or upon any private property within the city.

(Ord. 20-5; Code 2021)

(a)   It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefore in his or her possession and issued by the city clerk.

(b)   The governing body may waive the license requirements of this section for any person, firm, corporation, or other entity.

(c)   Before the city clerk may issue any license required by this article, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information:

(1)   Name of the applicant;

(2)   Permanent home address of the applicant;

(3)   Identification of applicant including copy of driver’s license with number, date of birth, expiration date of license, and description of applicant;

(4)   Identification of vehicle used by the applicant including license therefore used by applicant in conducting his or her business;

(5)   If employed, the name and address of the employer;

(6)   The place where the goods are proposed to be sold or services are to be performed;

(7)   A statement as to whether or not the applicant has within two (2) years prior to the date of the application been convicted of any felony, misdemeanor, or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefore, if any, and the city and state where conviction occurred;

(8)   The applicant’s Kansas Sales Tax number.

(d)   Each applicant shall pay a fee upon making such application with the city clerk.  The fee shall be $25 for a permit which shall expire automatically within a three (3) day period after the issuance of the permit.  The fee shall be $100 for a permit which shall expire automatically at the conclusion of the calendar year.

(e)   Upon any complaints received form the public, the Andale police department may, in the discretion of the chief of police, deliver revocation of such permit and privileges as issued by the clerk.

(Ord. 20-5; Code 2021)