TOPEKA POLICE DEPARTMENT

TOPEKA POLICE DEPARTMENT	Number: LB 07-01
LEGAL BULLETIN	Number: LB 07-01
SUBJECT: PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS
AMENDS:
STATUTE REFERENCES:
ISSUING AUTHORITY: John Knoll, City Attorney	DATE ISSUED: 21 May 2007

Recent weather disasters have attracted storm-chasing service providers to our area. A refresher on what licenses they must have to engage in business appears to be in order.

Anyone who sells unsolicited goods or services door-to-door must have a city license to do so. If someone is selling goods or services door-to-door and they do not have a Peddler, Solicitor or Itinerant Merchant license issued by the city clerk, officers should cite them for violation 30-301 of the city code and order them to stop soliciting work until they are properly licensed.

Please note that if the merchant had an established business location in Topeka for at least six months in the current or the previous calendar year, no license is required. For example, if Chavez Restoration went door-to-door offering basement drying services, they would not need a license to do so because they have a long-established business location at 2400 S. Kansas Avenue. Another exception exists if the owner or legal occupant gives the merchant a prior invitation by telephone, mailing or by responding to an advertisement at least 24 hours prior to the solicitation. In that event, no license is required.

Section 30-293 of the City Code creates a duty upon police officers to request Peddlers, Solicitors and Itinerant Merchant to produce their license if the merchant "is not known by such officer to be duly licensed." Additionally, § 30-305 requires the license to be "conspicuously displayed by the licensee," and in the merchant's possession at all times while engaged in business.

Persons offering contracting or demolition services must also have a class B technical license and a permit for the work they perform. The public works department enforces these codes, and if you receive complaints about unlicensed contractors or work being performed without a permit, refer the caller to the Field Service Office at 785-368-3905, Monday through Friday, 8:00 am to 5:00 pm, and inform the caller that they will be requested to give the address of the property in question. Please advise if you have any questions about this bulletin.