No display or sale of goods, wares or merchandise shall be permitted on the sidewalks of the city until a proper permit therefor shall have been obtained. All such sales so permitted shall comply with the regulations of this article.

(Ord. 3687, Sec. 3)

The city clerk is hereby authorized to issue the following permits upon application therefor to any person, firm or corporation upon payment of the applicable permit fee:

(a)   Central Business District Sidewalk Sale. Such permit shall authorize all businesses located within the central business district area to display and sell goods, wares and merchandise on the sidewalk in such area during a period, not to exceed three consecutive days, as specified in the application. At least 15 businesses located within the area shall approve the application for such sale by written endorsement on the application. Such application shall be accompanied by a permit fee of $100. Only one such permit shall be issued during any calendar year. The application may request that Main Street in the central business district area be closed during one of the days for which the permit is requested, which day shall be specified in the application. If such permit is granted, the city shall request the approval of the Kansas Department of Transportation for such Main Street closure. If approval is granted, the city shall close Main Street in the central business district area on the date requested in the application.

As used in this section, the term central business district area shall be defined as that portion of the city which is zoned “C-3, Central Business District” on the official zoning map adopted by the governing body.

(b)   Truckload Sales. Such permit shall authorize any individual business to utilize the area immediately in front of such business, or the area immediately, behind the business if such area is owned by the business or constitutes a publicly owned parking lot, for the sale of goods, wares or merchandise. The permit shall also authorize the business to park a truck containing items to be sold in such area. The application shall contain a statement by the applicant that the items to be sold at such sale are those being brought to the business in such truck, and that such goods, wares or merchandise are not part of the regular inventory of such business at the time application is made. The application shall be accompanied by a permit fee of $35. No more than two such permits shall be issued to any business during a calendar year, and each permit shall be issued for a period not to exceed three consecutive days, as requested in the application. Permits shall only be issued to businesses having an established place of business in the city. No portion of the truck parked in accordance with the permit issued hereunder shall extend in front of any adjoining business establishment.

(c)   One Store Sidewalk Sale. Such permit shall authorize any individual business to utilize the sidewalk area adjacent to the business for the sale of goods, wares and merchandise. No more than one-third of the available sidewalk width may be utilized for displaying such goods, wares and merchandise. The application shall be accompanied by a permit fee of $35. No more than two permits shall be issued to any business during a calendar year, and each permit shall be issued for a period not to exceed three consecutive days, as requested in the application.

(Ord. 3687, Sec. 4)

No business utilizing the sidewalks of the city under any permit to sell goods, wares or merchandise shall do so in a manner which blocks or substantially impedes the free flow of pedestrian traffic along any sidewalk. The city manager is authorized to enforce the provisions of this section by designating the area of the sidewalk which shall remain open to pedestrian traffic and upon which no such goods, wares or merchandise shall be placed. Upon written or oral notice from the city manager to the business or any agent or employee thereof, such designated area shall be promptly cleared for pedestrian use.

(Ord. 3687, Sec. 5)

Violation of any of the provisions of this article including making any false statement in an application for any permit, shall constitute a misdemeanor and any person, firm or corporation upon conviction thereof shall be fined in a sum not exceeding $300. Each day of violation shall be considered a separate offense.

(Ord. 3687, Sec. 6)