History: L. 1907, ch. 246, § 1; May 27; R.S. 1923, 19-2201.
History: L. 1907, ch. 246, § 2; May 27; R.S. 1923, 19-2202.
History: L. 1907, ch. 246, § 3; May 27; R.S. 1923, 19-2203.
History: L. 1907, ch. 246, § 4; May 27; R.S. 1923, 19-2204.
History: L. 1915, ch. 372, § 1; L. 1917, ch. 230, § 1; March 1; R.S. 1923, 19-2205.
History: L. 1915, ch. 372, § 2; May 22; R.S. 1923, 19-2206.
History: L. 1915, ch. 372, § 3; May 22; R.S. 1923, 19-2207.
History: L. 1915, ch. 372, § 4; May 22; R.S. 1923, 19-2208.
History: L. 1915, ch. 372, § 5; May 22; R.S. 1923, 19-2209.
History: L. 1917, ch. 331, § 1; R.S. 1923, 19-2210; L. 1941, ch. 193, § 1; L. 1955, ch. 158, § 1; L. 1957, ch. 177, § 5; Repealed, L. 1957, ch. 177, § 7; April 1, 1958.
History: L. 1917, ch. 331, § 2; R.S. 1923, 19-2211; Repealed, L. 1957, ch. 177, § 7; April 1, 1958.
History: L. 1917, ch. 331, §§ 3, 4; R.S. 1923, 19-2212, 19-2213; Repealed, L. 1957, ch. 177, § 7; April 1, 1958.
History: L. 1917, ch. 331, § 5; R.S. 1923, 19-2214; Repealed, L. 1957, ch. 177, § 7; April 1, 1958.
History: L. 1927, ch. 167, § 1; L. 1945, ch. 170, § 1; L. 1951, ch. 226, § 1; Repealed, L. 1969, ch. 151, § 1; July 1.
History: L. 1927, ch. 167, §§ 2 to 5; Repealed, L. 1969, ch. 151, § 1; July 1.
History: L. 1927, ch. 167, § 6; L. 1935, ch. 136, § 1; Repealed, L. 1969, ch. 151, § 1; July 1.
History: L. 1927, ch. 167, §§ 7 to 11; Repealed, L. 1969, ch. 151, § 1; July 1.
History: L. 1925, ch. 204, §§ 1, 2; Repealed, L. 1984, ch. 102, § 1; July 1.
History: L. 1925, ch. 204, § 3; Repealed, L. 1978, ch. 97, § 1; July 1.
History: L. 1925, ch. 204, § 4; Repealed, L. 1984, ch. 102, § 1; July 1.
History: L. 1961, ch. 167, § 1; L. 1963, ch. 178, § 1; L. 1965, ch. 167, § 1; L. 1975, ch. 462, § 15; Repealed, L. 1984, ch. 103, § 1; July 1.
History: L. 1985, ch. 94, § 1; July 1.
(a) "Person" means any individual, corporation, partnership, association or other entity.
(b) "Temporary or transient business" means any business conducted for the sale or offer for sale of goods, wares, merchandise or services which is carried on in any building, structure, motor vehicle or railroad car, or on any real estate, for a period of less than six months in each year.
(c) "Transient merchant" means any person who engages in, does or transacts any temporary or transient business in the state, either in one locality or in traveling from place to place in the state, and includes merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate.
History: L. 1985, ch. 94, § 2; July 1.
(1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;
(2) sales or displays at trade shows, expositions or conventions;
(3) sales of goods, wares or merchandise by sample catalogue or brochure for future delivery;
(4) sales or displays at fairs, conventions or shows operated primarily for purposes of amusement, entertainment, recreation or education;
(5) sales or displays at sales, fairs, auctions or bazaars operated by church, religious or charitable organizations;
(6) garage sales held on premises devoted to residential use;
(7) sales or displays at sales or shows of crafts or items made by hand and sold, offered for sale or displayed by the individual making such crafts or handmade items;
(8) sales of agricultural or farm, garden or aquacultural products, except nursery products and foliage plants, sold or offered for sale by the individual raising or producing such products and such person's agents or employees;
(9) sales to the owner or legal occupant of residential premises, at such premises pursuant to an invitation issued by such owner or legal occupant;
(10) sales or displays at sales, bazaars or concessions sponsored or operated by public or private schools or educational institutions;
(11) sales of paraphernalia used in the celebration of any nationally recognized holiday;
(12) sales or displays at flea markets or at sales, exchanges or shows of antique or other personal property having an enhanced value by reason of its age or unique characteristics;
(13) retail sales of fireworks;
(14) sales or displays at fairs or expositions sponsored by the state, a county or another governmental entity or a convention or tourism committee created pursuant to either K.S.A. 12-1695 or 12-16,101, and amendments thereto;
(15) sales or displays at sales, exchanges or shows of collectibles or hobby or investment items of personal property, including but not limited to pets, gems and minerals, stamps, coins, photographs and photographic equipment, guns and belt buckles;
(16) sales or displays in connection with, and at the site of, athletic tournaments, events, contests or expositions;
(17) events sponsored by nonprofit organizations; or
(18) any person who has a permanent business location in this state for not less than six months in each year but who may carry on a transient business at locations in this state other than at the person's permanent business location.
(b) The exemption provided by subsection (a) shall apply regardless of whether the transient merchant is sponsoring or operating the activity giving rise to the exemption or is participating in the activity as a seller or exhibitor.
(c) A transient merchant not otherwise exempted from the provisions of this act shall not be relieved or exempted from the provisions of this act by reason of temporary association with any local dealer, auctioneer, trader, contractor or merchant or by conducting temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor or merchant.
History: L. 1985, ch. 94, § 3; L. 1986, ch. 104, § 1; L. 2005, ch. 143, § 4; July 1.
History: L. 1985, ch. 94, § 4; July 1.
(b) The application for license shall be filed with the county clerk and shall include the following information:
(1) The name and permanent address of the individual or transient merchant making the application and, if the transient merchant is not an individual, the names and addresses of the officers of the corporation or the members of the partnership, association or other entity, as the case may be;
(2) if the applicant is a corporation, a statement of the date of incorporation, the state of incorporation and, if the applicant is a corporation formed in another state, the date on which such corporation qualified to transact business as a foreign corporation in this state;
(3) a statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business and the location of such proposed place of business; and
(4) the name and permanent address of the transient merchant's registered agent or office.
(c) There shall be attached to any application filed pursuant to this section a copy of the agreement of the registered agent designated by the applicant as provided by K.S.A. 19-2237 and amendments thereto.
History: L. 1985, ch. 94, § 5; L. 1986, ch. 104, § 2; March 13.
History: L. 1985, ch. 94, § 6; July 1.
(b) The county clerk of each county shall maintain an alphabetical list of all transient merchants in the county and the names and addresses of their registered agents.
(c) If any transient merchant doing business or having done business in any county within this state fails to have or maintain a registered agent in the county or if such registered agent cannot be found at such registered agent's permanent address, the county clerk shall be an agent of such transient merchant for service of all process, notices or demands. Service on the county clerk shall be made by delivering to and leaving with the clerk or any person designated by the clerk to receive such service, duplicate copies of the process, notice or demand. When any such process, notice or demand is served on the clerk, the clerk shall immediately cause one copy thereof to be forwarded by registered or certified mail to the permanent address of the transient merchant.
(d) The provisions of this section shall not limit or otherwise affect the right of any person to serve any process, notice or demand in any other manner now or hereafter authorized by law.
History: L. 1985, ch. 94, § 7; July 1.
History: L. 1985, ch. 94, § 8; July 1.
(b) A license issued under this act shall:
(1) Not be transferable;
(2) be valid only within the territorial limits of the issuing county;
(3) be valid only for a period of 90 days;
(4) be valid only for the business stated in the application; and
(5) be valid for only one person, unless such person is a member of a partnership or association or an employee of a firm or corporation obtaining such license.
History: L. 1985, ch. 94, § 9; July 1.
History: L. 1985, ch. 94, § 10; July 1.
History: L. 1985, ch. 94, § 11; July 1.
History: L. 1985, ch. 94, § 12; July 1.
(b) For purposes of this section:
(1) "Flea market" means any location, other than a permanent retail store, at which space is rented or otherwise made available to others for the conduct of business as a transient merchant as defined in K.S.A. 29-2232 and amendments thereto.
(2) "Drug" shall have the meaning ascribed to such term under K.S.A. 65-1626 and amendments thereto.
(c) The provisions of this section shall be part of and supplemental to the transient merchant licensing act.
History: L. 1998, ch. 72, § 1; July 1.