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Door-to-Door Sales - Ordinance No. 1173

AN ORDINANCE REGULATING DOOR-TO-DOOR SOLICITATION WITHIN THE CITY OF EASTBOROUGH, KANSAS.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1.

It shall be unlawful for any person to engage in door-to-door solicitations without having first secured a registration certificate from the City of Eastborough, Kansas.

Section 2.

Door-to-door solicitation is defined as going on private premises upon which is located a dwelling or business establishment within the City of Eastborough, Kansas, without the prior permission of the owner or occupant thereof for the purpose of soliciting orders for the sale of goods, wares, merchandise, or services or for the purpose of soliciting donations by offering to deliver or make an actual deliver of goods, wares, merchandise, or agree to perform or performing services in exchange for the donation of money. The term door-to-door soliciaitons shall not apply to activities, the proceeds from which are for the exclusive use of charitable, religious, political, or other non-profit purpose. An organization is deemed to be non-profit if it has achieved such status under the Internal Revenue Service Code (IRC 501 (c) (3).

Section 3.

Each individual desiring a registration certificate to engage in door-to-door solicitations shall file their application with the City Clerk on a form furnished by the City Clerk. Upon receipt of such application, and a fee of $25.00, the City Clerk shall register the applicant and issue a registration certificate.

Section 4.

Every registration certificate issued herein shall be issued for a 24 hour period of time to be utilized only between the hours of 9:00 a.m. and 5:00 p.m. and shall be surrendered upon its expiration. Upon complaint and evidence of good cause, the Governing Body, upon a hearing of the matter, affording the registered solicitor an opportunity to be heard, may permanently deny issuance of a registration certificate.

Section 5.

Any person who shall fail and refuse to comply with the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by fine not more Five Hundred Dollars ($500) maximum and/or incarcerated in the Sedgwick County jail for not more than 30 days.

PASSED by the City Council on this 23rd day of April 2002.

DATED: April 23, 2002