For the purpose of this article, the following terms shall have the following meanings:
(a) “Adequate Parking” means at least one off-street customer parking space for each 250 square feet of Seasonal Items display area.
(b) “City” means the City of Goddard, Kansas.
(c) “Good Cause” means and includes any reason for which the permit could be refused by the City in the case of an original application and any other violation of the provisions of this Ordinance; provided further, that any criminal conviction of the person holding the permit by the Municipal Court of the City of Goddard, Kansas shall also be considered good cause.
(d) “Non-Commercially Zoned Property” means property without a zoning classification of “C-1”, Central Business District or “C-2”, General Business District pursuant to the Zoning Regulations of the City of Goddard, Kansas adopted on January 19, 2004 or a comparable zoning classification pursuant to a subsequent zoning regulation of the City of Goddard, Kansas.
(e) “Seasonal Items” mean Christmas trees and decorations, pumpkins, gourds and decorative corn.
(Ord. 644, Sec. 1; Code 2012)
Upon first having obtained from the City of Goddard, Kansas, the Sale of Seasonal Items Permit required by this Ordinance, an entity, corporation, partnership, business, association, organization or person may engage in, carry on, and conduct the sale of seasonal items on non-commercially zoned property with adequate parking which is located along a collector street, arterial street or frontage road for an expressway or freeway within the corporate limits of the City of Goddard, Kansas. A separate Sale of Seasonal Items Permit is required for each location upon which a sale of seasonal items is held or conducted.
(Ord. 644, Sec. 2; Code 2012)
A Sale of Seasonal Items Permit may be issued for up to a 45 day period by the City only upon the completion of a sworn to permit application that shall be on a form provided by the City and shall be accompanied by a permit application fee of $45.00. The Sale of Seasonal Items Permit Application shall contain the following information:
(a) Name, date of birth and contact information of the person making the application;
(b) The name and permanent address of the operator making application and if the operator is not an individual, the name and address of the corporation, partnership, business, association, organization, or other entity, as the case may be;
(c) The address of the location where the operator intends to conduct the sale of seasonal items;
(d) A description and/or list of the types of seasonal items to be sold;
(e) The specific date(s) and times for which the right to conduct the sale of seasonal items is desired;
(f) A sketch or drawing of the proposed site showing the approximate dimensions of the area being used, the proximity to buildings, parking lots, right-of-way or other such area, and a description of any structure, implement, stand, display prop, or other such items intended to be used for the sale of the seasonal items, including signs, banners or other attention getting devices;
(g) The name, address, telephone number and written permission of the owner, or tenant in possession of the location described in the application, upon which the applicant intends to conduct the sale of seasonal items;
(h) A statement as to whether or not the operator and applicant has within two years prior to the date of the application been convicted of any felony; and
(i) A signed statement from the person making the application indicating that all of the information provided is true and correct.
Application for a Sale of Seasonal Items Permit shall be made not less than 10 business days prior to the date(s) for which the activity is scheduled.
Upon receipt of a properly completed application for a Sale of Seasonal Items Permit, the City shall refer the application to the appropriate city departments for investigation, including determining that the applicant is not proposing to operate in violation of the provisions of this Ordinance or in violation of any state, federal or local law, and recommendation regarding issuance of the Permit.
If a Permit is not issued, a written notice of permit denial shall be mailed, faxed, electronically issued or hand delivered to the applicant indicating the reason for the denial, and shall also set forth information regarding the right of the applicant to appeal the denial.
(Ord. 644, Sec. 3; Code 2012)
(a) Upon the City’s denial of a permit, the applicant shall have the right to appeal such action within fourteen days of the notice of permit denial.
(b) The appeal must be in the form of a written request, setting forth the grounds for the appeal, which shall be filed with the City.
(c) The City shall schedule the appeal hearing to take place during the next ten days, before the Mayor. Notice of the appeal hearing shall be given to the appellant in the same manner as provided for the notice of permit denial.
(d) The decision of the Mayor on the appeal shall be final and binding on all parties.
(Ord. 644, Sec. 4; Code 2012)
It is unlawful for any entity, corporation, partnership, business, association, organization or person, including any agent, servant, volunteer or employee thereof to:
(a) Engage in, carry on, or conduct the sale of seasonal items on non-commercially zoned property within the corporate limits of the City of Goddard, Kansas without first having obtained from the City the Sale of Seasonal Items Permit required by this Ordinance;
(b) Conduct business or carry on activities in violation of any zoning setback requirements of the City;
(c) Provide any false or misleading information in completion of the permit application;
(d) Fail to obtain permission of the property owner where such activity is being conducted;
(e) Fail to allow authorized law enforcement officers or other enforcement officers of the City to enter into or upon the premises or to otherwise interfere with any inspection of the premises or business;
(f) Fail to remove any structure, device, trash, or debris caused, created or associated with the sale of seasonal items activities in an outdoor area;
(g) Erect or display more than two (2) temporary signs on the site, with no such sign exceeding 16 square feet in total area. Sign permits shall not be required for said signs. Said signs shall not be erected more than 24 hours prior to the opening for sales to the public, and shall be removed within 24 hours of the closing for sales to the public. Streamers, pennants, search lights and any device with flashing, blinking, rotating or moving action are prohibited from use, and no sign shall be placed upon the public right-of-way, or within the vision site triangles for public street intersections or driveways;
(h) Erect or construct any structure, tent, or building greater than 150 square feet in size, unless a building permit for a larger structure, tent or building is obtained;
(i) Conduct business or carry on activities pursuant to a Sale of Seasonal Items Permit without displaying said Permit by posting it in plain view to all customers and others at the location, including law enforcement officers and other enforcement officers of the City;
(j) Conduct business or carry on activities within the city right-of-way or other publicly owned property;
(k) Conduct business or carry on activities between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 644, Sec. 5; Code 2012)
Upon complaint and good cause, the Chief of Police is authorized to suspend any permit issued under this Ordinance for up to ten days, until a hearing by the Mayor. The Mayor, upon hearing of the matter, with notice to the person holding the permit, at his or her last known address, affording the person holding the permit an opportunity to be heard, may permanently revoke or cancel such permit or terminate the suspension and order a return of the permit.
(Ord. 644, Sec. 6; Code 2012)
Any person violating any provision of this ordinance shall, upon conviction thereof by the Municipal Court of the City of Goddard, Kansas, be fined in an amount not to exceed five hundred dollars plus court costs.
(Ord. 644, Sec. 7; Code 2012)